BABUBHAI RAMJIBHAI DABHI Vs. TRUETZSCHLER INDIA PRIVATE LIMITED

JUDGEMENT

(1.) This petition is filed challenging the common order passed below Exh.9 application dtd. 19/5/2022, in pending reference being Reference (L.C.A) No.377 of 2010, wherein, the Labour Court, Ahmedabad allowed the interim application preferred by respondent company below Exh.9 and directed the petitioner to deposit the amount received from respondent company as full and final settlement towards VRS within 30 days before the Labour Court, failing which, Reference would be rejected automatically without reference to the Court.

(2.) The facts in brief are that on the ground of forcibly taken VRS, the petitioner along with other workmen raised Industrial Dispute which is pending adjudication before the Labour Court being Reference (L.C.A) No.377 of 2010. It is case of the petitioner and other workmen before Labour court that they were compelled to take VRS and therefore, the termination of their service by respondent Company under the pretext of VRS scheme is illegal.

(3.) On the ground of forcibly taken VRS, first a complaint was made before Assistant Labour Commissioner on 7/12/2009 alleging that the respondent Company had forcefully taken resignation in the form of VRS scheme and, therefore, it is nothing but termination in violation of Sec. 25G and 25H of the Industrial Dispute Act, 1947 ("the Act" for short).