KAY INTERNATIONAL Vs. KAY INTERNATIONAL

JUDGEMENT

(1.) The above captioned two petitions are directed against Award of 13th November, 2014 which directs the Employer-M/s Kay International (hereinafter referred to as Employer) to pay the balance amount of Rs. 1,44,677/- with interest @ 7% per annum to the Workman- Raghubir Singh (hereinafter referred to as "workman"). The finding returned in the impugned award is that the Workman had not voluntary resigned and so, he is entitled to reinstatement.

(2.) In the above captioned first petition, the Employer challenges the impugned Award on the ground that the settled amount of Rs. 1,54,677/- stands paid to the Workman and so, the Employer is not liable to pay any amount to the Workman. In the above captioned second petition, the challenge to the impugned Award is to the extent that the finding returned in the impugned Award regarding Workman having resigned is erroneous. It is the case of Workman that he was compelled to resign and in the first round of litigation, the trial court had directed his reinstatement and so, he ought to be reinstated with the full back wages.

(3.) Since the above captioned two petitions arise out of common impugned Award, with the consent of learned counsel for the parties, both the petitions have been heard together and are being decided by this common order.