S.S. Sudhalkar, J. - (1.) BY this writ petition, the employer is challenging the award of the Labour Court dated 12.10.1999, copy Annexure P/4, vide which respondent No. 1 workman has been reinstated with continuity of service and full back wages.
(2.) THE case of the workman is that she had worked upto 13.9.1996 and after that her service were illegally terminated. Case of the petitioners is that the workman herself left the job and that she had worked upto the year 1993 only. The Labour Court has observed that the petitioner has not produced the relevant record to substantiate its stand that the workman had only worked upto the year 1993. The demand notice in this case, is given on 3.12.1996. In the claim statement, it is asserted by the workman that her services were terminated on 13.9.1996. It is pertinent to note that though this assertion has been made in the claim statement, yet it is not stated in the written statement before the Labour Court that the workman has worked only upto the year 1993.
(3.) THERE was no reason to disbelieve the workman who had stated on oath that she had worked till 13.9.1996 when her services were terminated. The date of the demand notice also corroborate this statement of the witness.;