- (1.) In this petition, the petitioner has questioned the award dated 09.08.2012 vide Annexure P15 passed by the Industrial Tribunal-cumLabour Court-II, Gurgaon. The petitioner was appointed as a Tailor in the company of respondent No. 1 on 01.04.1997. On 14.11.2007, she remained absent from duty. The petitioner issued letters dated 01.12.2007, 10.12.2007 and 28.12.2007 asking respondent No.2 -workman to report for duty failing which action would be taken. Thereafter, a show cause notice was issued on 22.01.2008. Since there was no response from respondent No.2- workman, petitioner proceeded to terminate workman on 04.02.2008. Matter was heard by the Labour Court and passed an Award on 09.08.2012 holding that workman is entitled for reinstatement in services with continuity in service with 50% back wages from the date of her termination till her reinstatement in job.
(2.) Petitioner aggrieved by the award of the Labour Court dated 09.08.2012, presented this petition.
(3.) Learned counsel for the petitioner contended that respondent No.2-workman remained unauthorized absent on 14.11.2007 without informing the petitioner. Thereafter, she has not returned for work. Consequently, communications have been made to workman on 01.12.2007, 10.12,2007 and 28.12.2007 asking her to report back to duty failing which action would be taken against her. Show cause notice was issued on 22.01.2008 and her services were terminated on 04.02.2008.;