The Tribunal as also the High Court have recorded a categorical finding of fact that the respondent was a permanent employee in the petitioners establishment.
Thereafter, she allegedly remained absent with effect from 30.1.1985 to 12.4.1985 without any application for leave and companysequently, by order dated 12th April, 1985, the petitioner informed respondent 1 that her services stood automatically terminated in terms of Clause 17 g of the Certified standing Orders.
Respondent 1 raised an Industrial Dispute and made prayer to the State Government in 1985 that her case may be referred to the Industrial Tribunal for adjudication.
SAGHIR AHMAD, J Respondent 1 was appointed as an operator Trainee on 13.6.1980 in the petitioners establishment.
Shammi Bhan, operator, daughter of C.N. Kaul, by the management by its letter dated 12.4.1985 is proper and legal.
With effect from 7th of November, 1984, respondent 1 proceeded, and remained till 29th January, 1985, on maternity leave.
Her application, filed before the Deputy Labour Commissioner, Lucknow, was registered as C.B. Case No.
On companypletion of training, she was absorbed on that post with effect from 13.7.1981 and was companyfirmed on 13.7.1982.
This Award was challenged by the petitioner through a Writ Petition in the Allahabad High Court Lucknow Bench and the High Court, by the impugned judgment dated 28.10.1997, dismissed the writ petition upholding the findings of the Tribunal that termination of respondents services was retrenchment.
The State Government, by its order dated 18.7.1990, referred the following question for adjudication to the Industrial Tribunal, Lucknow Whether the termination of the services of female Smt.
She thus acquired the status of a permanent employee.
Translated from Hindi The Tribunal, by its Award dated 21st July, 1992, held that the termination of services of respondent 1 amounted to Retrenchment within the meaning of Section 2 00 of the Industrial Disputed Act and since all other legal requirements had number been followed, the termination was bad and companysequently she was entitled to reinstatement as also fifty per cent of back wages from the date of termination till reinstatement.
If number, the relief which the employee will be entitled to?
310 1985.
