- (1.) Heard Mr. V. P. Singh, learned senior counsel for the petitioner and Mr. G. M. Mishra, learned counsel appearing for the respondent.
(2.) In this writ application, the petitioner has prayed for quashing of the award dated 15.06.2010 passed by the learned Presiding Officer, Labour Court, Jamshedpur in Reference Case No. 8 of 2002 whereby and whereunder, he has been pleased to hold that the order of separation of the respondent on the basis of his resignation letter dated 06.11.2000 is not sustainable in the eyes of law and, therefore, he has directed the petitioner to pay back wages to the respondent from 11.02.2001 to 05.01.2010 along with other consequential benefits within a period of sixty days from the date of declaration of the award failing which it will carry interest @ 9% from the date of the award.
(3.) The factual aspects of the case reveal that the respondent was initially appointed by Telco as Special Trainee under appointment letter dated 07.12.1972. After training the respondent was absorbed in Turner Grade w.e.f. 01.02.1974. From time to time, he was given promotion and ultimately was promoted as Assistant Manager and was placed in Axle Division of the Company. In an around March, 2010 a new company was formed in the name of M/s. H. V. Axles Limited (petitioner) with separate board of directors and independent management which was registered under the Companies Act. Employees who were working and placed in Axel Division of Telco Limited were transferred to the new company M/s. H. V. Excel Limited. The respondent had consistently obtained low level of rating in three consecutive years prior to his separation. It was also detected that the respondent had submitted forged certificate. The company was contemplating to take departmental action against the respondent. However, a letter of resignation was given by the respondent on 06.11.2000 and the same was accepted w.e.f. 10.02.2001 vide a separation letter issued on 11.11.2000.;