- (1.) Heard learned counsel for the parties. The instant writ petition has been preferred for quashing the awarded dated 12.2.2005 passed in Reference Case No. 12 of 1993 by learned Presiding Officer, Labour Court, Jamshedpur, whereby the reference has been answered against the petitioner holding that the termination of the petitioner's service was proper and she is not entitled to any relief.
(2.) The short facts of the case according to the petitioner-workman are that the petitioner's husband Late Sri Paras Nath was engaged as daily rated workman by the respondent-management. However, he died in an accident on 15.7.1981 and the petitioner-workman was appointed on compassionate ground on account of death of her husband. According to the petitioner she was employed in March, 1982 and was getting monthly salary of Rs. 330/- along with D.A., which was revisable every 6 months. It is the case of the petitioner that she was suddenly terminated vide letter dated 21.6.1983 w.e.f. 23.6.1983 and hence, the discharge order is illegal and in violation of provision of Industrial Dispute Act of 1947. The workman further pleaded that she was given assurance by the employer but she was never reemployed. According to the workman she was not given 1 month notice and retrenchment compensation. The workman-petitioner during the course of reference adduced evidence in the nature of letter of the management dated 7.4.1988 (Ext. W), letter dated 10.5.1984 (Ext. W/1), letter dated 18.7.1983 [Ext. W/1(a)], letter dated 21.6.1983 [Ext.W/1(b)]. Learned counsel for the workman submitted that the employer-management did not comply with the provision of Section 25(F) before termination of the petitioner, which amounts to retrenchment
(3.) On the other hand, case of the management is that on the death of the petitioner's husband in an accident, on the request of sub contractor the company deposited the amount of compensation before the Workmen Compensation Commissioner and petitioner was engaged on temporary basis w.e.f. 7.4.1981 as 'reza' on the humanitarian ground for supplying drinking water to Daily Rated/Temporary Workmen. Petitioner worked till 16.5.1983 and when the site work was over, there was no work left for her. Accordingly, she was retrenched and all her dues as per the provision of law were paid to her. Therefore, termination of service of petitioner is proper and justified in accordance with law.;