VIDYAMANDIR TRUST Vs. RAFIQAHMED M. SINDHI

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Anuradha G. Rathod, learned counsel waives service of notice of rule on behalf of respondent.

(2.) Present petition is filed by the petitioner under Articles 14, 16, 226 and 227 of the Constitution of India r/w the provisions of Industrial Disputes Act challenging the impugned award dtd. 31/8/2023 in Reference (LCP) No. 50 of 2020 passed by the Labour Court, Palanpur, whereby the Labour Court has partly allowed the reference and granted reinstatement with 25% backwages.

(3.) Facts of the case are that the respondent - workman was appointed as 'Data Entry Operator' vide appointment letter dtd. 21/7/2008 with the petitioner. On 3/12/2019 the respondent voluntarily tendered his resignation from service and requested for his immediate relieving from service. On 16/12/2019 the petitioner provided relieving cum experience letter to the respondent. The amount of leave encashment was also paid to the respondent by the petitioner vide Cheque No.429070 dtd. 22/1/2020. Thereafter, on 28/1/2020 the respondent workman made a communication to the petitioner stating that his resignation was forcefully taken and demanded for reinstatement with all consequential benefits.