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2018 DIGILAW 1390 (PNJ)

Lalita Devi v. The Head Master, Govt. Middle School

2018-03-15

P.B.BAJANTHRI

body2018
JUDGMENT P.B. Bajanthri, J. (Oral) - In the instant petition, the petitioner has challenged the award dated 29.11.2013 (Annexure P-4) passed by the Labour Court, Ambala. 2. The petitioner is stated to have been appointed as a Cook with respondent No. 1 on 19.07.2004. Her services have been terminated on 15.10.2009. Her termination is based on the various complaints against her work. 3. Gram Panchayat, Brahmanan, Tehsil Bilaspur, District Yamunanagar passed a resolution to terminate the services of the petitioner based on serious allegations. Such a termination is without holding any inquiry. In other words, the petitioner has not been given any opportunity to counter the allegations. 4. Having regard to the fact that the petitioner has rendered services from 2004 to 2009 as a Cook before her termination, respondents should have resorted to hold an inquiry since termination is based on serious allegations. The same has not been apprised by the Labour Court, therefore, the Labour Court award dated 29.11.2013 (Annexure P-4) is set aside. Respondents are hereby directed to reinstate the petitioner and she is entitled to all consequential benefits from the date of termination till reinstatement. The present order would not come in the way of holding an inquiry against the petitioner if the respondents are of the view to hold an inquiry. Such inquiry should be completed within a period of six months after giving ample opportunities to the petitioner. 5. Accordingly, the present petition is disposed of.