S.S.SUDHALKAR, J. - (1.) Written statement by respondent No.2 filed. Copy given to the counsel for the petitioner. Written statement taken on record.
(2.) This writ petition has been filed by the employer challenging the award of the Labour Court dated November 10, 1998 (copy annexure P/5) vide which respondent No. 2 was ordered to be reinstated in service with continuity and with 50% back wages. Case of respondent No. 2 is that she was appointed as Social Worker/Counsellor vide appointment letter dated July 18, 1992 of the Secretary of the Red Cross counselling Centre for Drug Addicts, Hisar hereinafter referred to as the "Management". The project was run by the Ministry of Welfare, Government of India on the basis of yearly grant. The appointment letter is produced in this case at annexure P/1. The terms of appointment are as under: "You are hereby offered the post of Social Worker/counsellor in the Red Cross counselling Centre for drug addicts, Hisar. You will be paid a consolidated salary of Rs. 2000/- per month. Please note that this project is being run by the Ministry of Welfare, Government of India, on the basis of yearly grant and the post is purely temporary and continuous with the project. Your services can be terminated on one month's notice from either side or payment of one month's salary in lieu thereof. However, your services can be terminated without any notice in case of insubordination or non-performance of duties/job designated for the post. You will have to go in the field regularly as prescribed for survey and assessment of drug prone areas and group awareness programme and follow up services of drug addict patients. This will be an integral part of your duties. If these terms and conditions are acceptable to you please report for duty to undersigned by July 24, 1992 failing which it will be presumed that the post is not acceptable to you and the same will be offered to some other candidate."
(3.) The case of respondent No. 2 is that she was served with a charge sheet with the allegations of claiming false T.A. for visiting the site on September 3, 1993 and playing of fraud with the petitioner. She had sent her reply. Primary enquiry was conducted without associating her and her services were terminated without any regular domestic enquiry. She raised a dispute which resulted in the reference before the Labour Court.;