ARUN MADAN, J. - (1.) The case of the petitioner (for short the Company) is that it has a bottling plant for bottling soft drinks at Jaipur. Non-petitioner No. 2 was in the employment of the Companys bottling plant as Waterman, who was the only employee of the Company in this category. The Company has been bottling soft drinks under its franchisee agreement with Pepsi Foods Private Limited, which was terminated by Pepsi Foods Pvt. Ltd. with effect from December 3, 1991. Despite stoppage of the production, the Company continued respondent No. 2 in its employment in the hope and expectation of revival of production activities but since the financial conditions of the company did not improve, it had become difficult for the Company to continue respondent No. 2 in its employment as it had become difficult for it to pay him wages without work. Hence, it was decided to retrench him after having resorted to the provisions of Section 2(oo) and Section 25-F of the Industrial Disputes Act, 1947 (for short the Act). He was accordingly offered one months wages in lieu of notice and also the retrenchment compensation including the dues for September 1, 1992 apart from other dues. His services were accordingly terminated with effect from September 26, 1992 and an amount of Rs. 22,613.60 was offered simultaneously by a bank cheque, which he accepted under protest.
(2.) It is the petitioners case that the workman was asked by Companys cashier at the same time to execute a receipt on the date of his termination itself i. e. on September 26, 1992. This receipt was signed by the workman in token of acceptance.
(3.) Shri Manoj Sharma learned counsel for the petitioner contended during the course of hearing that the cashier of petitioners Company unfortunately instead of mentioning retrenchment compensation in the receipt mentioned a sum of Rs. 18,506.25 on account of gratuity. I have perused the receipt dated September 26, 1992 (Annexure 2) in which apart from payment of amount on account of gratuity indicated in item No. 2 of the receipt, the other amounts which have been indicated are Rs. 1023/- on account of balance of salary till September 26, 1992, Rs. 1801.30 against salary dues in lieu of the leave encashment and Rs. 1,283.05 on account of one months notice salary totalling Rs. 22,613.60. Below there is endorsement by respondent No. 2 in the following words: "I have received this amount under protest and if anything remains outstanding, the same shall be payable." ;