Indian Express 04.10.2010
Woman who lost civic job 19 years ago wins it back
Mustafa Plumber Tags : KDMC, Kalyan Dombivali Municipal Corporation, Alka Bramhe Posted: Mon Oct 04 2010, 08:44 hrs
Mumbai: The Bombay High Court has ordered the Kalyan Dombivali Municipal Corporation (KDMC) to give a woman, removed from service almost two decades ago, her job back. With this, 49-year old Alka Bramhe has won the third round of her 19-year-old legal battle. A Labour Court and later an Industrial Court had ruled in her favour earlier. The HC struck down the corporation plea to lay aside the Industrial Court order.The HC also told the corporation to pay the wage backlog, with interest, to Bramhe. When she was removed, her wages were Rs 20 a day.
Justice Nishita Mhatre, dismissing the plea of the KMC to set aside an Industrial Court order in favor of Bramhe, observed, “No notice or wages in lieu of notice or retrenchment compensation under section 25F of the Industrial Disputes Act were tendered to her, prior to termination”.
Bramhe was employed with the corporation from December 1, 1988 to August 21, 1991. Her services were terminated as she had not attended duty for 15 days. She had moved the Labour Court which observed that as she had been in service for more than 240 days, the corporation should have followed section 25F of the Industrial disputes Act and issued a notice before terminating her services.
This order was challenged by the corporation in the Industrial Court, which upheld the Labour Court order and directed the KDMC to reinstate Bramhe. The Corporation has then approached the High Court.
KDMC counsel A S Rao had argued in court: “Bramhe was a daily wage earner so she was not entitled to any relief…”
Bramhe’s lawyer A A Garge, said, “Both the lower courts found and observed she was in service for over 240 days and the corporation had failed to follow procedures under section 25 F of the Act.”
Rao’s contended that a daily wager earner cannot be made a permanent employee. The court said, “Bramhe has not sought for permanency, she has only sought to be reinstated…obviously such reinstatement would be in the position she held prior to her services being terminated”.
