RAM MURAT Vs. DYNATECH CONTROLS (P) LTD.

JUDGEMENT

(1.) Ram Murat raised an industrial dispute claiming that he joined the services of M/s. Dynatech Controls (P) Ltd. (in short M/s. Dynatech) as Machine Operator with effect from December 01, 1994 and his services were illegally terminated on February 07, 2005 whereas the case of M/s. Dynatech was that he was employed as a Helper with effect from May 01, 1995 and he choose to leave the services of the company of his own free will after executing the necessary documents evidencing his resignation and receiving his dues in full and final settlement. On the basis of pleadings the following issues were settled by the Labour Court:

(2.) Ram Murat asserted that signatures on blank papers were taken at the time when he joined the services which were subsequently filled up to show his resignation and receipt of full and final settlement and a voucher indicating that he had received a sum of Rs. 19,353/- in full and final settlement of the claim, which was refuted by M/s. Dynatech stating voluntary resignation of Ram Murat on the strength of three documents i.e. resignation letter (Ex.WW1/M1) and a voucher for a sum of Rs. 19353/- (Ex.WW1/M2) both dated February 07, 2005 and a calculation sheet showing details of the payment due towards gratuity, earned leave, bonus and wages for February (Ex.WW1/M5).

(3.) Learned Labour Court vide award dated December 05, 2009 held that the management examined only one witness Aman Yadav who could not prove that the final receipt was signed by Ram Murat in his presence and no witness to final payment was examined, thus the management failed to establish that Ram Murat left the job voluntarily after receiving the accrued dues. The second issue whether Ram Murat's services were terminated illegally was also decided against the management. On the issue of relief learned Labour Court held that in case reinstatement was ordered there will not be any industrial peace left with the parties and hence instead of reinstatement directed compensation. On the basis that his date of appointment in the ESI Card was May 01, 1995 and minimum wages in the year being 2005 were Rs. 3210/- per month for a semi-skilled worker, a total compensation of Rs. 33,705/- which included the service compensation and also the gratuity payable was passed besides litigation expenses of Rs. 5000/-.