HIRA MILLS, UJJAIN Vs. BABU

JUDGEMENT

(1.) PETITIONER here who is employer challenges the decisions of Labour Court and Industrial Court vide Annexure P/13 and P/14 whereby respondents' contention for having not resigned voluntarily has been accepted and the petitioner here has been directed to pay the retrenchment compensation.

(2.) BRIEF history of the case is that respondent No. 1 filed application before the Labour Court with the assertions that he has resigned on a false assurance of retrenchment compensation but he has been paid only the amount of gratuity and not retrenchment compensation.

(3.) THE two courts i.e. Labour Court and the Industrial Court found that the resignation of the worker i.e. respondent No. 1 was not voluntary and, therefore, he was directed payment of back -wages till date of superannuation. Labour Court initially granted 25% back -wages but the Industrial Court granted full back -wages. Hence this petition.