GOKULESH PETROLEUM PRIVATE LIMITED Vs. HIMALAYA R SHAH

JUDGEMENT

(1.) Rule. Service of rule is waived by learned Counsel for the respondent.

(2.) Heard learned Counsel for the parties.

(3.) The facts briefly stated are that the petitioner is the owner of Gokulesh Petrol Pump and had employed respondent Himalaya R. Shah. His services were terminated with effect from 9-7-1994 without complying with the provisions of the Industrial Disputes Act as to the retrenchment. His services were continuous for a period of more than one year. This dispute was referred to the Labour Court, Ahmedabad. At the time of hearing it was urged by the petitioner-employer that by written compromise dated 25-7-1997 the dispute has been settled out of Court. The workman had accepted in full and final settlement of his claim a sum of Rs. 7,301.00 which was paid to him and therefore no dispute survives. A compromise deed executed on stamp of Rs. 20.00 which was purchased on 24-7-1995 signed by the workman and one Pankaj R. Muravala authorised representative of the employer and an affidavit on Rs. 10.00 stamp of the same date sworn by the workman before the notary acknowledging the fact of compromise and receipt of payment was filed. Compromise deed was also verified by Notary. The fact that these documents contained the signatures of the workman were not denied. However, it was asserted that the signatures were obtained under duress and it was not a compromise with the free will of the workman therefore, not binding on him. He also denied to have received any consideration stated in the document. The Labour Court found that the document in question was executed under duress and was not in proper form inasmuch as it was not attested by two witnesses and it has not been arrived at before the Court but outside the Court is not binding. On examining the case of the workman on the merit of termination order, finding it to be a case of illegal retrenchment, the Labour Court ordered reinstatement with 50% back wages by his award dated 3-12-1997. That award is under challenge in this petition.