JUDGEMENT
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(1.)Leave granted.
At the request of the learned Counsel appearing for the parties, the appeal was heard on the same day.
(2.)The Appellant is a registered education society, which has challenged the validity of the judgment dated 21st February, 2014 delivered in Writ Petition (M/S) No. 1492 of 2009 by the High Court of Uttrakhand at Nainital.
(3.)The facts giving rise to the present litigation in a nutshell are as under:
The Appellant is managing a school, whereas the Respondent was working as a Lower Division Clerk in the said school. As the Respondent was consistently irregular in performance of her duties and because of some other misconduct, a show-cause notice calling upon her to show cause as to why her services should not be terminated was served upon her. According to the Appellant, in reply to the said show-cause notice, the Respondent had admitted some of the charges. In the circumstances, service of the Respondent was brought to an end by an order dated 31st January, 2003. The Respondent had challenged her termination by approaching, the concerned officer under the provisions of the Industrial Disputes Act, 1947. The Labour Court, after considering the facts of the case and evidence led before it, came to the conclusion that the service of the Respondent should not have been terminated without holding any inquiry. The Labour Court, therefore, passed an Award dated 4th July, 2009, whereby the Respondent was ordered to be reinstated in service with full back wages and all other consequential benefits.
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