SEKAR R Vs. PRESIDING OFFICER PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) THE petitioner has prayed for quashing the award, dated August 23, 2000, in ld, No. 188 of 1995, and consequently to direct the second respondent to reinstate the petitioner with all benefits.

(2.) THE aforesaid ID, No. 188 of 1995 was heard along with several other disputes under section 2-A (2) of the Industrial Disputes Act between the concerned employees and the present respondent No. 2. The brief facts, so far as relevant to the present petitioner, are as follows:

(3.) IT was the contention of the petitioner before the Labour Court that juniors to him are working and the petitioner, who was senior to them, was thrown out under voluntary scheme, which was violative of the provisions contained in Section 25-G of the Industrial Disputes Act. It was his further contention that in the absence of any provision in the statutory Standing order, there is no power to invoke such a scheme and the retirement was not voluntary, but involuntary. It was further contended that at any rate voluntary resignation could not have been accepted before completion of three months period as envisaged under Section 25-N of the Industrial Disputes Act. It was also the contention before the industrial forum that under coercion and undue influence, amount had been paid and the petitioner had been purportedly retired under the so-called voluntary Retirement Scheme.