POWER BATTERIES Vs. STATE OF M P

JUDGEMENT

(1.) Present writ petition is directed against the award dated March 22, 1996 passed by the Labour Court, Indore. The relevant facts are as under: Respondent No. 3 was employed by the petitioner as Sales Representative. The pose of the contention of respondent No. 3 is whether the respondent No. 3 tendered resignation or was terminated from service. The respondent No. 3 raised a dispute and the matter was referred to the Labour Court under the provisions of Industrial Disputes Act, 1947. The respondent No. 3 filed the statement of claim and petitioner filed their reply disputing the claim set up by the respondent No. 3.

(2.) Learned Labour Court after recording the evidence passed the impugned award holding that the respondent No. 3 was employed as workman by the petitioner and he did not resign, therefore, his removal from service is bad in law. Learned Labour Court directed the petitioner to reinstate the respondent No. 3 in service and pay him all the arrears of salary.

(3.) Learned counsel appearing for petitioner argued that the award of the Labour Court is contrary to the evidence adduced by the parties. Learned counsel for petitioner in this connection has extensively referred to the statement of respondent No. 3 and the statement of Smt. Anjana Dhakad as well as Shri N.K. Dhakad. Learned counsel for petitioner submitted that the Labour Court did not marshal the oral evidence but just reproduced the same in the award. Learned counsel for petitioner also invited attention to that portion of the statement of the respondent No. 3 wherein he clearly admitted the Annexure D/1 on the file of the Labour Court bears his signature. Annexure D/l is a resignation letter given by the respondent No.3. This fact has not been denied by the respondent No. 3. This important piece of evidence has been completely overlooked by the learned Labour Court while passing the impugned award. The award of the Labour Court is, therefore, cannot be allowed to sustain. It is hereby set aside. Learned Labour Court is directed to decide the matter afresh after affording opportunities to the parties to adduce additional evidence, if any. Since the matter is pending from 1980, learned Labour Court is expected to dispose of the matter as expeditiously as possible. Writ petition stands allowed. However, no order as to costs.