- (1.) This Letters Patent Appeal is directed by against the order dated 07.03.2015 whereby the learned Single Judge allowed the writ petitions and has modified the award passed by the Labour Court with a direction that the first respondent be reinstated in service with continuity of service and full back-wages.
(2.) It may be mentioned here that the respondentworkman was employed as a part-time Sweeper on 01.01.1989 and she was allegedly retrenched in the year 2008 without complying with the Section 25F of the Industrial Disputes Act, 1947. She raised an industrial dispute which was partly allowed by the learned Labour Court with lumpsum compensation of Rs. 1,05,000/-. Aggrieved workman approached this Court and the learned Single judge vide order under appeal has allowed the writ petition directing her reinstatement with continuity of service and full back-wages.
(3.) On 19.08.2015, this Court had stayed the operation of the order passed by learned Single Judge. Thereafter, when the case came up for hearing on 15.02.2016, following order was passed:- "Keeping in view the fact that the workmanrespondent No.1 has worked as a part-time sweeper from January, 1989 to December, 2007 and she had to remain absent from duty for a short duration as maternity leave was not sanctioned, let learned State counsel have instructions whether the workman can be reinstated/adjusted subject to her foregoing the claim for back wages fully or partially. List on 8.3.2016.";