ABDUL WAHID Vs. GENERAL MANAGER. ADVANI ORLINCON LTD

JUDGEMENT

(1.) Challenge in this writ appeal is to the order dated 02.12.2020, passed by learned Single Judge in WPL No. 3434/2011, whereby the writ petition was allowed and the order passed by labour Court has been set aside.

(2.) Submission of the learned counsel for the appellant is that the learned Single Judge has not taken into consideration that the appellant has tendered his resignation and after resigning from his job, he asked for the amount of ex-gratia due against the employer. He submits that the labour Court, taking into consideration the entire facts and circumstances of the case, have allowed the application and have ordered for the grant of ex-gratia amount of Rs.1,48,750/- in total after adjusting Rs.20,000/- which has already been paid to the appellant. He further submits that as the amount was due therefore, an application under Section 33C(1) of the Industrial Disputes Act, 1947 (for short, the 1947 Act) has been filed, but the learned Single Judge arrived at a conclusion that the application filed under Section 33C(1) of the 1947 Act would not be maintainable. His submission is that the learned Single Judge ought to have considered the application to be under Section 33C (2) of the 1947 Act and he submits that the impugned order to be interdicted.

(3.) Per contra, Shri Vyas, learned counsel appearing for the Respondent Nos. 1 and 2 submits that the learned Single Judge taking into consideration that there was no accepted dues against the employer and therefore, the application under Section 33C(1) of the 1947 Act itself is not maintainable.