Ajay Rastogi, J. - (1.) INSTANT petition has been filed by employer assailing Award dt.17/04/93 whereby Labour Court, Kota held that resignation in question was not voluntary but was tendered by non -petitioner No. 2 (Smt. Menakshi Sharma) under due force & coercion; and as regards final relief, observed that since both the parties agreed to, benefits would be extended to her on the basis of final fate of dispute about her retrenchment given effect to on 02/02/83 pending adjudication in Reference No. 81/83.
(2.) NON -petitioner No. 2 was appointed as Typist on 06/04/1970 and after working for almost 13 years, her services were retrenched w.e.f. 02/02/83 for the reason that the petitioner -Company declared lay -off - consequently, almost 2500 workers were retrenched - against which Worker's Union raised dispute, on which appropriate Government made Reference in Case No. 81/83. After services were retrenched by petitioner, certainly non -petitioner was put to financial crunch, thereby she was under dire need of re -employment elsewhere to survive her family. One post of Sr. Clerk was advertised by Shrmik Vidhyapeeth, where 10 years' experience was required and eligible candidates were called upon to appear for interview on 05/07/83. Since non -petitioner No. 2 was already retrenched after having experience for about 13 years with petitioner employer, she submitted application to the authority of petitioner for getting her experience certificate and at this stage, when she went to their office as alleged, she was told that experience certificate of being retrenched, can be given to her and since it might cause prejudice in getting re -employment in Shrmik Vidhyapeeth, and if she tendered resignation for issuance of her experience certificate that will not mention of retrenchment; in such compulsion, she tendered resignation on 30/06/83 with retrospective effect from 02/02/83 as asked for by petitioner, which was accepted on 02/07/83; and experience certificate was issued on 04/07/83that she worked in petitioner's organisation since 06/04/70 to 01/02/83, which she had to produce on the date of her interview on 05/07/83 before interview Board in pursuance of advertisement issued by Shramik Vidhyapeeth. Since dispute with regard to retrenchment raised by Union, itself, was pending adjudication and Reference finally stood decided in favour of the workers and their retrenchment was held to be illegal by Industrial Tribunal vide Award dt. 14/05/85 and since her resignation would have come in way in getting benefits, a dispute was raised by her through conciliation officer on 28/09/85 and finally Reference was made by appropriate Government for adjudication vide notification dt. 24/08/87: ...[VERNACULAR TEXT COMITTED]...
(3.) AS regards issue No. 1 (supra) about retrenchment, since it was already adjudicated and decided vide Award dt. 14/05/85 as referred to in para 2 of Award impugned herein, as per which, both the parties agreed to the extent that whatever will be the final fate of Reference No. 81/83, will be acceptable to them, in view whereof, adjudication took place only with respect to issue No. 2 in reference No. 82/87 under consideration herein.;