- (1.) Aggrieved of order dated 21.11.2012 whereby, the appellant -writ petitioner (hereinafter referred to as petitioner) was deprived of claim of back wages for the period between 27.04.2012 to 21.11.2012, the petitioner approached the Writ Court in W.P.(S) No. 6247 of 2013 which was dismissed on 22.06.2015 giving him a cause to prefer the present Letters Patent Appeal.
(2.) Heard the learned counsel for the parties and perused the documents on record.
(3.) Mr. Pratiush Lala, the learned counsel appearing for the petitioner referring to Form -H dated 05.11.2012 submits that the said Memorandum of Agreement was signed by the petitioner under duress as the petitioner was compelled to sign on dotted lines. It is contended that once the respondent -BCCL accepted the claim of the petitioner in respect of his date of birth as 14.01.1957 and accordingly, permitted him to join duty on 22.11.2012, the petitioner cannot be denied salary for the period from 27.04.2012 to 21.11.2012 on the ground of the said period being idle period. It is further submitted that though the petitioner has challenged the Memorandum of Agreement dated 05.11.2012 contending that the terms and conditions therein were imposed arbitrarily however, the learned Single Judge has not dealt with the challenge thrown by the petitioner to the said settlement dated 05.11.2012.;