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2007 Supreme(Del) 2613

HIMA KOHLI
SUNITA BALIYAN – Appellant
Versus
DIRECTOR SOCIAL WELFARE DEPARTMENT, GOVT. OF NCT OF DELHI – Respondent


Advocates Appeared:
Deepti Yadav, V.K.Tandon, Varun Prasad


HIMA KOHLI, J.

( 1 ) THE present writ petition is directed against a no relief award dated 20th March, 2006 passed by the Labour Court in ID No. 175/2000, against the petitioner, wherein the reference made by the appropriate Government as to "whether the services of the petitioner were terminated illegally and/or unjustifiably by the management and if so, to what relief was she entitled and what directions are necessary in this respect", was answered by the labour Court as below:

"i accordingly, hold that she has not been terminated as yet and find myself in agreement with the Ld. AR for the management that she is absenting herself from the duties and, as such, there is no question of her illegal or unjustifiable termination from the services. However, the management is at liberty to take action as per the above referred provisions against her. The issue is accordingly decided in favour of the management and against the workman. "

( 2 ) THE brief facts leading to the filing of the present petition are that the petitioner was appointed as Anganwadi Worker with the respondent management with effect from 19th May, 1997. On 5th November, 1998, she was granted maternity leave upto 15th






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