- (1.) THIS order shall dispose of 16 writ petitions, details of the parties are given in Annexure 'A' which is appended with this judgment. However, for dictating the order, the facts have been taken from CWP No.379 of 2011, titled Harjeet Kaur Vs. Presiding Officer, Labour Court, Patiala & another.
(2.) CHALLENGE has been laid to the award dated 17.07.2009 (Annexure P2), whereby the Labour Court, Patiala granted a sum of Rs. 22,000/ - to the worklady, in lieu of full back wages, after holding that the termination of the service of the worklady was illegal and unjustified. However, keeping in view the fact that the termination was about 12 years back, i.e., on 31.07.1997 and the statement of the authorised representative was that the worklady was not interested in reinstatement and the fact that the reference remained pending for more than 7 years, compensation of Rs. 22,000/ - was directed to be paid by the Management. It is not in dispute that the said amount has been accepted by the petitioner -worklady.
(3.) A perusal of the award would go on to show that the petitioner was engaged by respondent No.2 on 11.04.1995 and she had worked upto 31.07.1997 and her services were terminated illegally on 01.08.1997, without serving any notice or chargesheet and the monthly wages of the petitioner, at that time, were Rs. 1510/ - per month. The worklady remained unemployed and claimed reinstatement with continuity of service and back wages. The stand of the Management was that the worklady was engaged as a Labourer on casual basis on 12.04.1996. The workers had entered into a settlement on 17.10.1996. The worklady along with other workers violated the terms of the settlement and consequently, an FIR was got registered by the Management and a Civil Suit was also filed to restrain the workers. The suspension was ordered and workers were also chargesheeted and asked to join duty but they did not join duty and left the job on their own and thus, the termination was not illegal, as alleged.;