MHOW HOSIERY PVT. LTD. Vs. JITENDRA

JUDGEMENT

(1.) THESE are the bunch of the petitions filed by the petitioner M/s. Mhow Hosiery Pvt. Ltd. against the common order passed by the Industrial Court allowing the appeals of the respondents' workers.

(2.) THE facts of all the cases are similar and Industrial Court decided the appeals by a common order. hence all the petitions are being decided by this common order. for the purpose of facts of the case. facts of W.P. No. 277/2005 has been considered.

(3.) THEREAFTER he filed an application before the Labour Court, Indore. under sections 31 (3). 61. 62 and 86 of the MPIR Act. 1960 mentioning that he was an employee of the petitioner and was getting monthly salary of Rs. 2.600/ -. His work had been stopped w.e.f. 8.9.2001 and this would amount to retrenchment. The provisions of the Chapter V of the Industrial Dispute Act have not been followed. it has further been submitted in the application that the petitioner management had not paid 8 months' salary to near -about 350 workers when he along with other workers, demanded from the management to pay the salary. The Manager forced him to submit the resignation letter mentioning that due to family problems I am tendering my resignation and told him that if he wants salary, he had to submit the resignation that is why the resignation was submitted. In such circumstances, his termination of service was void.