JUDGMENT :

INDU MALHOTRA, J.

Leave granted.

1. The State of Uttarakhand has filed the present Special Leave Petition to challenge the Judgment dated 28.8.2019 passed by the High Court of Uttarakhand in W.P. No. 3439 (M/S) of 2016, whereby the High Court has reversed the Award passed by the Labour Court, and directed reinstatement of the Respondent.

2. The background facts of the present case are that the Respondent was initially engaged as an Assistant Teacher in Jai Bharat Junior High School, Haridwar (hereinafter referred to as “the School”) during the period July, 1993 to 21.5.1994. Subsequently, she worked as a Clerk from 1.7.1994. On 25.3.1996, the District Basic Education Officer granted approval to the appointment of the Teachers, Clerk and Peon in the School, including the Respondent herein w.e.f. 1.7.1994. During this period, the School was an unaided private institution.

3. From 24th May, 2005 the School started receiving grants-in-aid from the State, and came to be governed by the Uttaranchal School Education Act, 2006.

4. It is the case of the Appellants that the Respondent had abandoned her service as a clerk in the School since 1.7.1997 when she got married, and shifted to