LAWS(DLH)-2009-8-219

UMESH CHAND SHARMA Vs. JEEVAN SERVICE STATION

Decided On August 11, 2009
UMESH CHAND SHARMA Appellant
V/S
JEEVAN SERVICE STATION Respondents

JUDGEMENT

(1.) THIS writ petition filed by the workman is directed against an award dated 25. 11. 2006 passed by Ms. Nisha Saxena, Presiding Officer, Labour Court-XXI, Delhi, by which no relief has been given to him for alleged termination of his services by the management of the respondent.

(2.) HEARD.

(3.) AS per the case of the petitioner, he was appointed as a Helper by the respondent w. e. f. 01. 05. 1990 and was terminated by the respondent without any inquiry w. e. f. 12. 04. 1995. However, as per the management, the petitioner was appointed at a salary of Rs. 1,800/- per month w. e. f. 01. 04. 1994 and he had resigned of his own on 12. 04. 1995 and had settled his account with the respondent vide voucher dated 13. 04. 1995. The management has proved the appointment letter (Exhibit MW-2/1), resignation letter (Exhibit MW-2/3) and the settlement vouchers dated of 2 13. 04. 1994 (Exhibit MW-2/4) and 20. 04. 1995 (Exhibit MW-2/5) in its evidence before the labour Court. The petitioner had denied his signatures on the resignation letter and also on the vouchers (Exhibit MW-2/3 to Exhibit MW-2/5 ). The management in its evidence produced before the Labour Court has examined handwriting expert, Mr. S. P. Singh, who has approved that the resignation letter and the vouchers bears the genuine signature of the workman (petitioner herein ). The Court below, relying upon the two judgments in the impugned award, has held that the workman has failed to prove that the resignation letter and the settlement vouchers do not bear his signatures as alleged by him.