FACTORY MANAGER, MINDA SAI LTD. Vs. LAXMIBAI

JUDGEMENT

(1.) Heard finally with consent. By this writ petition under Article 227 of the Constitution, the employer has challenged the award of the Labour Court dtd. 6/7/2017 directing reinstatement of the respondent with back wages.

(2.) Learned counsel for petitioner submits that the Labour Court has committed an error in passing the award without appreciating the evidence of the petitioner's witnesses especially the evidence of the Manager DW-2 Manoj Mishra.

(3.) As against this, learned counsel for respondent submits that the evidence has been elaborately examined by the labour Court while passing the impugned award. Having heard the learned counsel for parties and on perusal of the record, it is noticed that the respondent had submitted the claim before the labour Court that she was working with the petitioner for last 20 years as Operator and on 11/6/2012 without assigning any reason, by oral order her services were terminated. It was further pleaded that on 11/6/2012 the petitioner had called her in the office and Manoj Mishra and Vasanat Kumar had threatened her by making false allegations and had taken signature on two blank paper and had also taken thumb impression and had forcibly given the cheque by ordering her to go out of the factory. Out of fear she had left the premises and when the situation became normal she had made a complaint to the union officers and also to the police. Plea was raised that no such resignation was given by the respondent and there was also no reason to give the resignation.