RAM KISHAN Vs. SECRETARY LABOUR

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of the Award dated 02.07.2001, passed by Labour Court-I, whereby the Labour Court came to the conclusion that the claim of the petitioner was frivolous and actuated by greed and not by law.

(2.) Briefly the facts relevant for the purpose of deciding this writ petition are that writ petitioner was working with the respondent No.3, M/s Pan American World Airways, as Junior Agent Cargo in the year 1984. The management was to retrench those workmen who were employed in the cargo services because it had decided to discontinue the cargo services. However, management gave an offer to the employees, including the petitioner that in case an employee resigns, he shall be paid an ex gratia amount of Rs. 60,000/- apart from other dues. The petitioner in view of this offer resigned from the services on 27.1.1984 and received payment of Rs.60,000/- and other dues. After receiving the dues in January 1984, he raised an industrial dispute after about 15 years that he had not received the full dues and his resignation was not voluntary. He claimed that he was illegally retrenched in the year 1984. The dispute was referred to the Labour Court vide notification dated 5.11.1999 in the following terms:-

(3.) In statement of claim filed before the Labour Court, petitioner took the stand that he had not signed his resignation letter voluntarily and was forced to sign the same. The Labour Court after recording evidence of both the sides came to the conclusion that the resignation was tendered by the petitioner not only voluntarily but after understanding all the facets of resignation. He had not contacted the management as alleged by him after receiving the amount. He malafidely raised the dispute that he had not tendered resignation voluntarily. There was no ground to raise dispute whatsoever.