Govind Mathur, J. - (1.) To question validity, propriety and correctness of the award dt. 28.02.2003 passed by Labour Court, Sriganganagar, this petition for writ is preferred. The appropriate Government, under a Notification dt. 06.05.2002 referred an industrial dispute for its adjudication to the Labour Court in following terms:-
(2.) As per the statement of claim submitted by the workman, she was employed with respondents as Cook on 17.02.1996 at Government Hostel, Sriganganagar, but was retrenched on 04.05.1999 without adhering the mandatory condition precedent for valid retrenchment. The employer contested claim of the workman with assertion that she left the services voluntarily on 04.05.1999 and also that she was not in continuous service as defined under Sec. 25B of the Industrial Disputes Act, 1947 (for short 'the Act of 1947' hereinafter), as such, there was no need to follow the mandatory condition precedent to effect retrenchment.
(3.) From perusal of the award impugned, it reveals that the dep mental witnesses, namely, Shri Mohan Lal and Shri Arjun Lal stated that on 04.05.1999 the workman left the service, however, it also reveals from record that on the same day payment of salary was made to her. On basis of this fact, the Labour Court drew inference that the workman did not abandon the service, but she was terminated by the employer. So far as the question regarding continuous service is concerned, that too has been examined by the Labour Court on basis of the available material and a definite finding is given regarding continuous service of the respondent-workman.;