(1.) By way of this petition, the petitioner has challenged the award dated 10.8.2005 passed by the Presiding Officer, Labour Court, Gandhidham, Kutch in reference (LCB) No.98 of 1997, whereby the reference filed by the respondent workman has been partly allowed and the petitioner Corporation is ordered to pay 20% of back wages till the respondent workman retires from the service.
(2.) The respondent workman was working as Clerk with effect from 11.6.1960 and he filed an application on 1.8.1996 requesting the Corporation to retire him voluntarily. Thereafter, on 7.11.1996, his retirement was sanctioned by the Corporation and on 27.11.1996 and his name was deleted from the establishment. On 28.11.1996, the respondent was informed to collect all the retirement dues from the office of the Corporation. The respondent came to the office of the Corporation and accepted all the retirement dues and gave in writing that he is accepting his retirement dues voluntarily and he will not claim reinstatement in future. However, thereafter, the respondent filed reference before the Labour Court stating that his services came to be terminated on 7.11.1996 without giving any retrenchment compensation and without following the provisions of law, wherein the aforesaid order came to be passed.
(3.) As a result of hearing and perusal of the record, it is found that the respondent himself filed an undertaking that he will not make any demand about reinstatement or he will not file any proceedings before any Court. It is on the basis of the said undertaking that all the retirement benefits were paid to the respondent. This fact was admitted by the workman in his oral evidence before the Labour Court. In spite of this fact, the Labour Court has passed the award for 20% of the back wages from 7th November 1996 till the date of superannuation. This order is therefore, illegal and deserves to be quashed and set aside. Accordingly, the order of the Labour Court awarding 20% back wages is quashed and set aside. Rule is made absolute accordingly. No order as to costs.