AVDHESH KUMAR Vs. S S ENGG WORKS
HIGH COURT OF DELHI
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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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