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Reinstate worker, labour court directs creche in Pune

The ruling was given in a case filed by Bharati Martand Awasare, an employee of a registered society, Mobile Creches.

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In an important ruling, the Pune Labour Court has observed that organisations registered under the Societies Registration Act, 1860, and the Bombay Shops and Establishment Act, 1948, which may be running on no-profit, no-loss basis, fall under the ambit of the Industrial Disputes Act, 1947.

The ruling was given in a case filed by Bharati  Martand Awasare, an employee of a registered society, Mobile Creches. Last month, the presiding officer of the labour court, SG Deshmukh, directed the society in Shivajinagar to reinstate Awasare in her original post with continuity of service and pay her full back wages with effect from October 14, 1997.

Awasare, a resident of Bhavani Peth, was terminated from the services of Mobile Creches, following which she approached the labour court.

According to the detailed order passed by the court on May 16, Awasare joined duties as a creche helper on September 5, 1985, but on October 14, 1997, she was orally terminated from service by Mobile Creches without conducting any internal inquiry.

Awasare, in her complaint, said the society used to threaten her with termination of service whenever she pressed for sick leave, casual leave and bonus. Following an illness, she was forced to go on leave and when she resumed duty on October 14, 1997, her service was orally terminated without citing any reason.

According to the order, following a personal problem and ill health, Awasare submitted an application for leave on August 20, 1997, along with a medical certificate. She failed to comply when asked to remain present before the medical officer of the society and on resuming duty on October 14, 1997, the officer orally terminated her service without citing any reason.

Awasare requested the court, through her lawyer, Vishal Jadhav, that she be reinstated with full back wages from the day of termination of service.

However, the jurisdiction of the court as well as Awasare’s locus standi was challenged by the society, which stated that it was a non-profit and non-governmental social service organisation registered under the Societies Act, 1860.

The society said it is a pioneer in setting up day care centres especially suited to the needs of children of migrant construction workers.

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