RISHI PAL SINGH Vs. LABOUR COURT U P

JUDGEMENT

(1.) Heard the counsel for the parties and perused the record.

(2.) The brief facts of the case are that the petitioner was appointed as Compounder in Kiran Co-operative Sugar Factory Ltd., Sarsawa, District Saharanpur on permanent basis w.e.f., 1/08/1983. He was transferred to the Store though he was appointed as Compounder and due to annoyance of the General Manager of the Factory, he was placed under suspension. It is submitted that the aforesaid suspension of the petitioner was revoked on 14/02/1987 but salary for certain days of the suspension period was illegally deducted. It is further averred in the writ petition that the General Manager of the Factory had forcibly obtained resignation from the petitioner on 25/03/1987 against his wishes and under duress.

(3.) It has been argued by the counsel for the petitioner that the petitioner was not having his normal physical health and state of mind and as such he could not understand that he was being forced to resign. It is submitted that after recouping from illness when he went to his duties, he was informed that he has already resigned.