JUDGEMENT
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(1.)THIS writ appeal is directed against the judgment and order of the learned Single Judge dated 03.07.2013 passed in W.P.(C)
No.984 of 2004.
(2.)THE appellant is the owner of a Cinema Theatre called "M/s Asha Cinema" located at Imphal. The private respondents were
working in different posts in the said Cinema Theatre as
employees of the appellant. The Cinema Theatre was closed in
January,2002 as it started sustaining lost. The private respondents
filed an application on 20.11.2002 before the appropriate
Government under section 33(C)(I) of the Industrial Disputes Act,
1947 (hereinafter called the 'Act') claiming payment of retrenchment compensation in terms of the provisions contained
in Section 25 -F of the Act from the appellant as their employment
was abruptly terminated without payment of retrenchment
compensation. The appropriate Government referred the matter to
the Labour Commissioner, Govt. of Manipur for holding an
enquiry as provided in the said section and the Labour
Commissioner in turn after receipt of the reference from the
appropriate Government called upon the appellant to file a reply.
The appellant submitted his reply stating therein that the private
respondents had voluntarily resigned/took retirement from service
and the appellant had paid all their dues including provident fund,
etc. till their date of discontinuance from the service and
accordingly he was not liable to pay any further compensation to
the said private respondents.
The Labour Commissioner conducted an enquiry as contemplated under the said section and passed an order on
9.9.2004 directing payment of retrenchment compensation of Rs.3,43,498/ - holding that the plea of the appellant that the private
respondents had voluntarily resigned/retired from service is not
supported any document and that sudden closure of the Cinema
Theatre resulted in termination of the services of the private
respondents without compliance of either Section 25 -F of Section
25 -FFF. Challenging the said order of the Labour Commissioner, the writ application was filed by the appellant.
(3.)THE learned Single Judge in the impugned judgment also concurred the views of the Labour Commissioner and held that
the appellant having failed to prove that the private respondents
had taken voluntary retirement or had resigned from service
before closure of the establishment, was liable to pay
retrenchment compensation under section 25 -F and/or closure
compensation as provided in Section 25 -FFF of the Act.
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