S.S. Nijjar, J. - (1.) IN this petition under Articles 226/227 of the Constitution of India, the petitioner District Rural Development Agency, Sirsa (hereinafter referred to as "the management"), seeks issuance of a writ in the nature of certiorari quashing the award dated 13.11.1998, Annexure P -1, passed by the Presiding Officer, Labour Court -cum -Industrial Tribunal Hisar (hereinafter referred to as "the Labour Court").
(2.) THE management is a society registered under the provisions of the Societies Registration Act, 1860. It is engaged in the welfare activities of Rural Areas of Sirsa District. According to the case put forward by the management, respondent No. 1 (hereinafter referred to as "the workman") was appointed as Peon on daily wages for a fix period term of six months commencing from 16.8.1994 to 15.2.1995 at a consolidated salary of Rs. 1196/ - per month. She was again appointed purely on contract basis for a period of three months from 17.2.1995 to 16.5.1995. In the appointment letter it was specifically mentioned that she is being appointed for a fixed term on contract basis on a fixed amount of Rs. 1196/ -. Her tenure of contract was further extended by the management by the subsequent letter dated 7.6.1995. The workman was again engaged on contract basis for the period from 18.5.1995 to 17.8.1995. Her remuneration for the aforesaid period was fixed at the rate of Rs. 3588/ -. Her tenure of contract was still further extended by issuance of letters dated 13.9.1995 and 23.11.1995 vice which she was engaged purely on contract basis at fixed salary of Rs. 3588/ - and Rs. 7620/ - respectively. Copies of the appointment letters have been attached as Annexures P -2 to P -6, with the writ petition. The contract of the workman was not renewed further and she was relieved from duty w.e.f. 22.5.1996. After a gap of five months, she served a demand notice on the management on 15.10.1996. The conciliation proceedings ended in a failure report. Reference of the dispute was, therefore, made under Section 10(1)(c) of the Industrial Disputes Act, 1947, (hereinafter referred to as "the Act"). After completion of the pleadings, the Labour Court framed the following issues : 1. Whether termination of the service of Ms. Tara Rani is justified and in order ? If not, alongwith reinstatement to what amount of backwages she is entitled to ? 2. Whether Ms. Tara Rani is not 'Workman' within its meaning of the Act ? Whether the respondent is not 'Industry' ?
(3.) WHETHER Ms. Tara Rani was engaged for fixed periods and termination is, as per terms and conditions of appointment letter and not 'Retrenchment'?;