Pay for national holidays, leaves to housekeeper: Labour Court

A labour court in the city has directed a housing society and two of its office-bearers to pay Rs 1,10,000 to a woman who had been working as a housekeeper at the society for 14 years before they terminated her services.

"Opponents are hereby directed to pay the amount of Rs 1,10,000 towards national paid holidays, privilege leave, notice pay, weekly off and retrenchment compensation to applicant," the court said in its order.
Jayashree Salvi, a Borivli resident had filed a complaint against the Borivli residential society, its chairman and secretary in March last year under a provision of the Industrial Disputes Act.
She had sought that the court determine the due amount arising out of non-payment of national paid holidays, privilege leave, notice pay, weekly off and retrenchment compensation and that she be paid the dues with interest. She had also stated that she was terminated by way of an oral order and due process of law was not followed in the termination. At the time that she was terminated, she was paid Rs 4,000 monthly.
The society and its office-bearers denied all allegations made by Salvi. They had challenged the jurisdiction of the court to deal with the complaint as the society, they said, did not fall in the category of an 'Establishment' as defined under the Shops and Establishments Act, neither it came under the definition of a 'Factory' as under the Factories Act, nor an 'Industry' under the Industrial Disputes Act.
The court said that it has no hesitation in declaring that Salvi is entitled to claim it from the society. It however did not direct the society to pay her interest and said that it is not maintainable under the provision of the Industrial Disputes Act

1 comment:

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