THONGRAM HARIDAS SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THIS writ appeal is directed against the judgment and order of the learned Single Judge dated 03.07.2013 passed in W.P.(C) No.984 of 2004.

(2.) THE appellant is the owner of a Cinema Theatre called "M/s Asha Cinema" located at Imphal. The private respondents were working in different posts in the said Cinema Theatre as employees of the appellant. The Cinema Theatre was closed in January,2002 as it started sustaining lost. The private respondents filed an application on 20.11.2002 before the appropriate Government under section 33(C)(I) of the Industrial Disputes Act, 1947 (hereinafter called the 'Act') claiming payment of retrenchment compensation in terms of the provisions contained in Section 25 -F of the Act from the appellant as their employment was abruptly terminated without payment of retrenchment compensation. The appropriate Government referred the matter to the Labour Commissioner, Govt. of Manipur for holding an enquiry as provided in the said section and the Labour Commissioner in turn after receipt of the reference from the appropriate Government called upon the appellant to file a reply. The appellant submitted his reply stating therein that the private respondents had voluntarily resigned/took retirement from service and the appellant had paid all their dues including provident fund, etc. till their date of discontinuance from the service and accordingly he was not liable to pay any further compensation to the said private respondents.

(3.) THE learned Single Judge in the impugned judgment also concurred the views of the Labour Commissioner and held that the appellant having failed to prove that the private respondents had taken voluntary retirement or had resigned from service before closure of the establishment, was liable to pay retrenchment compensation under section 25 -F and/or closure compensation as provided in Section 25 -FFF of the Act.