SPECIAL OFFICER NANTHENCODE PRIMARY AGRICULTURAL CO-OPERATIVE BANK LIMITED Vs. PRESIDING OFFICER LABOUR COURT TIRUNELVELI

JUDGEMENT

(1.) THE above writ petitions are relating to the award of the Labour Court, Tirunelveli, dated 19.10.2001, in the industrial dispute filed before the Labour Court, Madurai, in I.D.No.629 of 1991, which was later transferred to the Labour Court, Tirunelveli, and re-numbered as I.D.No.510 of 1992.

(2.) SINCE all the writ petitions are relating to the common award of the Labour Court, Tirunelveli, dated 19.10.2001, arising under the same facts and circumstances, a common order is passed.

(3.) IT was also contended that the Labour Court had failed to consider the letter, dated 14.8.90, issued by the Special Officer, Nanthencode Primary Agricultural Co-operative Bank Limited, requesting the petitioner Bank to relieve the employee from its services, since he was employed as a Secretary of Nanthencode Primary Agricultural Co-operative Bank Limited,, from 16.8.90. Further, the Labour Court had failed to take note of the letter written by the employee, on 14.8.90, informing the Special officer of the petitioner Bank stating that since he was joining as the Secretary of Nanthencode Primary Agricultural Co-operative Bank Limited, he would not make any request for employment in the petitioner Bank, at a later date, under any circumstances. The said letter had been written to the petitioner Bank by the employee, voluntarily, and there was no coercion used against the employee to compel him to send the said letter. The employer-employee relationship had terminated after the employee, A. Asraf, had left the services of the petitioner Bank, from 15.8.90, and he had no lien on the petitioner Bank, in any manner. In such circumstances, the Labour Court had arrived at the wrong conclusion that the employer-employee relationship had not ceased to exist even after the employee had left the services petitioner Bank. Therefore, the award of the Labour Court, dated 19.10.2001, made in I.D.No.510 of 1992, is liable to be set aside.