DODSAL ENTERPRISES PRIVATE LIMITED Vs. SAMPATH KUMAR

JUDGEMENT

(1.) The award of the III Additional Labour Court dtd. 21/12/2018 in Claim Petition Nos.8/2016, 17/2016, 18/2016, 10/2016, 9/2016, 16/2016, 24/2016, 19/2016, 23/2016, 26/2016, 21/2016, 28/2016, 25/2016, 27/2016, 22/2016, 15/2016, 11/2016, 14/2016, 13/2016, 29/2016 and 20/2016 respectively are under challenge in the present Writ Petitions.

(2.) The petitioner which is a Company filed the Writ Petitions mainly on the ground that the Labour Court passed an award in a Claim Petition under Sec. 33 (C) (2) of the Industrial Disputes Act, without even considering the preexisting right which is mandatory for the purpose of entertaining a Claim Petition under Sec. 33 (C) (2) of the Industrial Disputes Act.

(3.) The learned Senior Counsel appearing on behalf of the Writ Petitioner contended that the respondent employees admittedly submitted their respective resignation letters which were accepted by the Management and accordingly, all the benefits due to them were settled. The said documents were filed before the Labour Court by the Management. That apart, the benefits paid by the Management were acknowledged by the employees and receipts were supplied. Those receipts were also filed as documents before the Labour Court. Despite the fact that the employees resigned their job and accepted the benefits due to them, the Labour Court erroneously entertained the Claim Petition under Sec. 33 (C) (2) of the Industrial Disputes Act, which is not maintainable.