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2007 Supreme(Del) 223

HIMA KOHLI
PRATIMA SETH – Appellant
Versus
MANAGEMENT OF ANSAL PROPERTIES AND INDUSTRIES LTD – Respondent


Advocates Appeared:
PRAVEEN KUMAR SHARMA

( 1 ) THIS writ petition is directed against the award of the Labour Court dated May 22, 1998 wherein it was held that the dismissal of the petitioner workman vide order dated May 28, 1990, pursuant to an enquiry conducted against her, was not commensurate with the nature of misconduct proved against her and, therefore, the respondent management was directed to reinstate the workman with continuity in service by treating the intervening period as absence from duty as leave without pay. It was further held that the workman is not entitled to any back wages. Aggrieved by the latter part of the award, declining to grant any back wages to the petitioner workman, she has preferred the present petition.

( 2 ) THE brief facts of the case are that the petitioner Operator in the year 1982 with respondent No. 3 herein, at its New Delhi office. She was dismissed from service vide order dated May 28, 1990. She raised an Industrial dispute which was referred to the Labour Court vide reference dated August 12, 1991. The said reference was decided on May 22, 1998 by the labour Court whereby the learned Presiding officer came to the conclusion that though the dismissal of the petitioner workman w











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