LOK PRASANT LTD Vs. LEENA BEN DUSHYANTBHAI SHAH

JUDGEMENT

(1.) Shri Palak Thakkar, learned counsel for the petitioner; Mrs.Banna S. Dutta, learned counsel for the respondent.

(2.) The petitioner-establishment, being aggrieved by the award dated 23.4.2001 passed by the Presiding Officer, Labour Court, Ahmedabad in Reference LCA No. 1197/88 is before this Court with a submission that in view of the finding recorded by the Labour Court that resignation tendered by the workman was voluntary, the Labour Court could not hold that acceptance was not communicated, therefore, services of the workman could not be terminated.

(3.) The short facts necessary for disposal of the present writ application are that the workman filed the Reference submitting, inter alia, that the alleged resignation dated 25.9.87 was a result of pressure, coercion etc., therefore, the same was not binding upon him. He also submitted that the owner and Manager of the establishment threatened the workman of dire consequences and as the workman could not understand the things which were going on, he signed the pre-drafted resignation. The present petitioner/establishment appeared before the Labour Court and submitted that the resignation dated 25.9.87 was voluntary, not only that but the acceptance of the same finds place in their letter dated 10.3.88 sent to the Press Workers' Union, which is a registered Trade Union.