MHOW HOSIERY PVT LTD Vs. JITENDRA NIRLAN SINGH

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.) THE respondent was working in the petitioner company, he was employed w. e. f. 1-10-1993 and his services have been discontinued w. e. f. 8-9-2001. On 8-8-2001 the respondent worker submitted an application of resignation mentioning that he was working in dispatch department and due to some personal problem he is, submitting his resignation. His resignation was accepted after a period of one month vide order dated 8-9-2001. On 11 -9-2001, he signed a printed receipt mentioning that he received an amount of Rs. 31,704/- with regard to arrears of salary, leave and there was no balance remained hereinafter. It has further been mentioned that "i am withdrawing the application filed before Labour Court or any other authority and I am waiving my right to file any such proceedings and authorising the petitioner to decide the dispute". On 11-9-2001 he submitted an application to the petitioner mentioning that his Provident Fund be withdrawn. Similarly he filed an application for withdrawal of his provident Fund on the same day. He also received the Provident Fund and gratuity.