SAROJ DEVI Vs. PRESIDING OFFICER AND ANR.

JUDGEMENT

(1.) This petition challenges award of the Industrial Tribunal -cum -Labour Court to the extent back wages have been denied and liberty has been given to the department to hold a fresh regular inquiry.

(2.) Case of the petitioner is that she was appointed as Clerk -cum -Typist on daily wages on 31.3.1990 with respondent No. 2, Punjab State Handloom Weavers Apex Co -operative Society Limited. She was regularized as Clerk w.e.f. 1.11.1991. She proceeded on leave on 12.10.1992 and continued till 28.3.1993. She joined back her duty on 2.5.1994 and again applied for maternity leave from 7.11.1994 to 30.1.1995 and earned leave from 31.1.1995 to 9.7.1995. However, she was informed that her leave from 9.4.1995 to 9.7.1995 had not been sanctioned. She represented again, but respondent No. 2 did not sanction the leave and terminated her services on 5.1.1996 without complying with Sec. 25F of the Industrial Disputes Act, 1947 (for short, ''the Act ''). The petitioner raised an industrial dispute on 1.4.2001, on which, reference was made.

(3.) Case of the management was that the petitioner had proceeded on leave from 12.10.1992 and even after expiry of her leave, she did not join and even extended the leave. A show cause notice was given and after considering the reply, it was inferred that she was not interested in continuing her services. Her services were, thereafter, terminated in terms of conditions of appointment. Sec. 25F of the Act was not attracted.