SIDDHARTHA VARMA,J. - (1.) The instant writ petition has been filed against the award dated 22.11.2014 passed by the Presiding Officer, Labour Court, Agra, Uttar Pradesh (hereinafter referred to as 'the Labour Court'). The petitioner before this Court was employed with the respondent no. 2 i.e. the Principal, St. George's College, 3, Garden Road, Agra,(hereinafter referred to as 'the respondent school') as an Accountant. When on 12.5.2006 the respondent school did not allow the petitioner to work with it, the petitioner raised an Industrial Dispute which was referred as Adjudication Case No. 29 of 2007. After pleadings were exchanged and evidence was led an award dated 22.11.2014 was passed and as it had answered the reference in the negative, the instant writ petition was filed.
(2.) Learned counsel for the petitioner has submitted that the resignation dated 12.5.2006 alleged to be that of the petitioner was, in fact,not that of the petitioner and, therefore, his services were wrongly dispensed with. Learned counsel for the petitioner submitted that the Labour Court erred in itself looking into the correctness of signature of the petitioner on the Resignation Letter when the petitioner had denied that his signatures were there on it. He submits that the Labour Court should have referred the matter to an expert and, thereafter, should have concluded as to whether the signature on the resignation letter was actually that of the petitioner which was exhibited as Exhibit E -23.
(3.) Learned counsel for the petitioner has relied upon the provisions of sections 45 and 73 of the Indian Evidence Act, 1872, and has submitted that the Labour Court should not have itself acted as an expert and should have referred the matter to a handwriting expert who would have compared the disputed signature of the petitioner over the resignation letter with some admitted signature of his and thereafter would have come to a proper conclusion. He has submitted that it was not within the domain of the Labour Court to have acted as an expert.;