BHARAT AVIATION PVT. LTD. Vs. RAHUL SUDHINDRA SONI

JUDGEMENT

(1.) The Petition involves an interesting issue as to whether the Industrial Court can direct the employer to issue relieving letter/service certificate to the employee who, after securing training, leaves the job before completion of the service agreed in the Bond executed by him with the employer.

(2.) Petitioner-employer is aggrieved by interlocutory order dtd. 13/1/2025 passed by the Member, Industrial Court, Mumbai on Application at Exhibit U-2 filed in Complaint (ULP) No. 450 of 2024 by which the Industrial Court has directed Petitioner to issue Relieving Letter / Service Certificate to the Respondent.

(3.) Respondent has executed a bond in favour of the Petitioner on 7/11/2022 for serving the Petitioner for a period of three years after securing training. However, the Respondent has left the employment of the Petitioner before completion of the bond period. On that account, Petitioner did not issue him Experience Certificate and Relieving Letter. The Respondent has filed Complaint (ULP) No. 450 of 2024 before Industrial Court, Mumbai for issuance of Relieving Letter as well as for payment of monetary dues and unpaid remuneration. In that Complaint, interim order is passed by the Industrial Court for issuance of Relieving Letter / Service Certificate, which interim order is the subject matter of challenge in the present Petition.