GURU HARKRISHAN PUBLIC SCHOOL Vs. JASPAL SINGH

JUDGEMENT

(1.) Admit.

(2.) The petitioner is seeking a writ of certiorari quashing the Award dated 7.11.2002 passed by the Labour Court No.-IX, Karkardooma Courts, Delhi in I.D.No.522/99 between the petitioner and respondent no.1 whereby the Labour Court has found respondent no.1 entitled to reinstatement and 70% back wages. The petitioner is the employer of respondent no.1. Respondent no.1 had been working as a Store Keeper with the petitioner. The respondent no.1 signed a letter of resignation on 31.5.1998 and received a sum of Rs.12,500/- by means of a cheque. Respondent no.1 raised an industrial dispute alleging that the document of resignation had been obtained from him under threat and when his oral request for his reinstatement were not heeded to by the petitioner, he sent a notice dated 24.8.1998 asking for his reinstatement as well as back wages. The industrial dispute was referred to the Labour Court No.IX with the following terms:

(3.) Before the Labour Court respondent no.1., inter alia, alleged that for quite sometime before the letter of resignation was signed by him, the petitioner management had been harassing him and eventually the petitioner management succeeded in getting the letter of resignation from him. He, however, claims to have subsequently submitted the letter asking for his reinstatement and, therefore, claims that he is entitled to reinstatement with full back wages. The petitioner management, on the other hand, contended that respondent no.1 left the job as he had some offer of an alternative lucrative job, that respondent no.1 received the payment of Rs.12,459/- in full and final settlement of his claim by means of a cheque and that the story of having submitted the resignation letter under threat or coercion or duress is false. In a rejoinder filed before the Labour Court, respondent no.1 submitted that he did not accept the cheque but the same was deposited by the petitioner in his salary account with the Punjab and Sind Bank, Extension Counter at India Gate Branch, New Delhi.