AVDHESH KUMAR Vs. S S ENGG WORKS
LAWS(DLH)-2007-9-275
HIGH COURT OF DELHI
Decided on September 24,2007

AVDHESH KUMAR Appellant
VERSUS
S.S.ENGG. WORKS Respondents

JUDGEMENT

HIMA KOHLI, J. - (1.) The petitioner has filed the present writ petition against the no relief award dated 20.11.2006 passed against him by the Labour Court in ID No.319/2005. The reference made by the appropriate government on 21.9.2005, was to the effect that whether the services of the petitioner had been terminated illegally and/or unjustifiably by the management, and if so, to what sum of money as monetary relief along with consequential benefits, was he entitled to.
(2.) Counsel for the petitioner states that the impugned award is based on misappreciation of facts by the Labour Court on the ground that it failed to take into consideration the certificate dated 22.4.1996, issued by the management (Ex. WW1/6), wherein the management certified that the petitioner/ workman was working with the respondent/ management against the post of `Senior Fitter'. He submits that this certificate is contradictory to the averments made by the respondent/ management to the effect that the petitioner/ workman was working with the management as a daily wager since July, 2001.
(3.) The crux of the issue is as to whether the petitioner/ workman voluntarily resigned and left the services of the respondent/ management on 30.4.2004 or not. Taking into consideration the documents admitted by the petitioner/ workman in his cross-examination, namely, payment voucher dated 30.4.2004 of Rs.6050/- (Ex WW1/M1) duly signed by the petitioner/ workman, the Labour Court rightly came to the conclusion that the said voucher shows that the amount was received by the petitioner/ workman in cash from the management in full and final settlement of all dues. It is recorded in the impugned award that there was no denial by the petitioner/ workman that the management had taken his signatures forcibly.;


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