- (1.) Challenge in the instant petition is to the award dated 28.12.2010 passed by the Presiding Officer, Industrial Tribunal, Labour Court, Panipat whereby the reference has been decided against the petitioner.
(2.) Brief facts that emerge from the pleadings on record are that the petitioner initially joined as part-time Sweeper with respondent No.2 in the year 1991. Her services were terminated on 1.9.1995. Industrial dispute having been raised, the Labour Court, Panipat passed award dated 9.12.1996 declaring the termination of the services of the petitioner to be illegal and unjust, and directed her re-instatement in service with backwages and continuity in service. The petitioner, accordingly, was re-instated and she joined back on 7.10.1998. It has been averred that respondent No.2 wrote a letter dated 28.1.1999 to the petitioner that her services could be dispensed with w.e.f. 28.2.1999 if the approval for the years 1999-2000 is not received from the concerned Authorities. The petitioner challenged such communication by filing civil suit and upon which the letter dated 28.1.1999 was withdrawn by respondent No.2 and the civil suit was also withdrawn by the petitioner. Thereafter, the petitioner's services were terminated on 28.2.2000.
(3.) The petitioner raised an industrial dispute and under Section 10 of the Industrial Disputes Act (for short 'the Act'), the dispute was referred to the Labour Court on the following issue: "Whether the termination of services of work-lady Smt.Geeta Devi is illegal and justified or not If not so, to what relief she is entitled to -;