ASSOCIATION OF ENGINEERING WORKERS Vs. PERMANENT MAGNETS LTD

JUDGEMENT

(1.) THE order dated 6th December, 1991 passed by the Assistant Commissioner of Labour refusing to admit in conciliation a dispute raised by the petitioner is impugned in the present petition.

(2.) THE Assistant Labour Commissioner has found that the worker Shri Mohan R. Kadam, who is represented by the petitioner-union has resigned by writing in his own handwriting in Marathi. The resignation is accepted by the first respondent- company on the very day of the resignation i. e. on 30th April, 1990. The workman is relieved from duty by the Management on the same day. The complaint lodged by the workman with the Borivli Police Station is not specific. The workman has not mentioned what type of pressure was bought on him for resignation. He has not mentioned who forced him to resign.

(3.) THE material produced on record further shows that the legal dues payable to the workman are sent to him by a cheque dated 1st June, 1990 which is over a month after the date of resignation. The cheque has been encashed by the workman thereafter without murmur. Vide his letter dated 13th July 1990 written in his own hand in Marathi the workman requested the Company that from the amount of legal dues payable to him a particular amount may be recovered and adjusted towards the payment of loan taken by him from a particular credit society. The Company accordingly adjusted and made payment of out-standing loan. It is thereafter that the petitioner-union has raised the present dispute on behalf of the workman.