MAHABIR PARSHAD Vs. KANHAIYA LAL SRI RAM

JUDGEMENT

(1.) The Award of the Labour Court, dated 6 th February, 2002, from which this writ petition germinates, addressed and answered, the following term of reference, as contained in the referral order dated 29th October, 1998:

(2.) The case of the petitioner-workman, as pleaded before the Labour Court, is that he had been employed with the respondent, as "Munim", on a monthly salary of Rs. 6,150/-, since 1st April, 1984, and was illegally terminated on 10th July, 1998. He, consequently, sought reinstatement in service with consequential relief including full back wages.

(3.) The respondent, per contra, asserted that, it had never terminated the services of the petitioner and that the petitioner had, in fact, had himself submitted a letter, dated 8 th July, 1998 (which constitutes, essentially, the fulcrum of controversy in the present case, and was exhibited, before the Labour Court, as Ex.MW-l/1), stating that he was not in a position to serve the respondent any further and requesting, consequently, for payment of his dues as "full and final settlement". It was also pleaded that, since April, 1998, the respondent was not doing any business.