LORD KRISHNA TEXTILE MILLS Vs. LABOUR COURT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition has been filed by the employer and is directed against the award dated 29.5.1997 given by Presiding Officer, labour Court U.P. Dehradun in Adjudication Case no.171 of 1996. Even though now Dehradun is in Uttaranchal State, however, petitioner Mill is situate at Saharanpur which is still in U.P. hence this Court continues to retain the jurisdiction to hear this writ petition.

(3.) The matter which was referred to the labour court was as to whether the action of petitioner employer terminating the services of its workman respondent no.2 Hukum Chand Garg w.e.f. 23.2.1982 was just and valid or not. The dispute was raised after 14 years i.e. in the year 1996. The workman contended that in normal course he would have retired on 28.10.1988. The employer contended that the workman had voluntarily resigned on 23 (or 27).2.1982 and had accepted Rs.17420/- as entire dues payable to him on 2.3.1982. The workman in his rejoinder affidavit before the labour court admitted that he had been paid the terminal dues of Rs.17420/-, however, in para 8 he mentioned as follows: