S.H.A.Raza, J. - (1.) The short question Involved in this writ petition is as to whether an employer can deny the dues of a workman for the reason that the workman has already resigned and was not in service on the date of settlement.
(2.) In a proceeding under Section 33C (2) of the Industrial Disputes Act (hereinafter referred to as the Act) the Labour Court negatived the contention of the employer by giving a finding to the effect that as the settlement was of a retrospective nature, the workman cannot be denied his dues which were given to the employees similarly situated.
(3.) The brief facts as set out by the workman and which are admitted by the employer are that the respondent-workman was appointed as a Junior Assistant Trainee with effect from 8.1.1991, firstly on a stipend of Rs. 1.600 per month for 12 months and thereafter on a stipend of Rs. 1,800 per month for 18 months. On 24.2.1992 the workman was appointed as Steno-Typist Trainee for a period of 18 months on a stipend of Rs. 2,000 per month and the period of training already undergone was offered to be deducted from the 18 months' training period. The respondent-workman tendered his resignation on 5.7.1992 and accordingly on his request, he was relieved by the employer on 5.7.1992. Thereafter the workman preferred an application before the Labour Court under Section 33C (2) of the Act, claiming certain reliefs on the basis of the settlement dated 4.5.1993 arrived at between the petitioner-Company and the Union. The said application was contested by the petitioner-employer mainly on the ground that the respondent-workman had tendered his resignation which was accepted on 6.7.1992 and hence the workman was not entitled for the benefit of the Settlement dated 4.5.1993.;