TATA ROBINS FRASER COMPANYLTD Vs. PRESIDING OFFICER LABOUR

JUDGEMENT

(1.) By this judgment both the writ petitions are being disposed of.

(2.) In C.W.J.C. No. 93 of 1989(R) respondent No. 2, Singh, was at the relevant time working as Officer -in -Special Duty. According to him, on 2 -11 -1987 he attended the Labour Court in connection with a case. After he returned to his office, he was called by S. A. Hasan, Executive Vice -President of the Company to his office. He asked Singh to resign as he had no future and there was no need to retain him in service. Singh submitted his resignation which was immediately accepted by Hasan. Singh filed a complaint under Section 26 of the Bihar Shops and Establishment Act, 1953 (the Shops Act for short), on 3 -11 -1987, a copy of which is Annexure -5 to C.W.J.C. No. 93 of 1989(R). In the complaint it was stated that Hasan by using force, coercion, threat and intimidation created a situation and forcibly procured his signature on a typed resignation letter. Hasan thereafter handed over the letter of acceptance. Singh did not intend to give up his employment voluntarily. The reason for the action taken by Hasan was not disclosed to Singh. There was no reasonable cause for dispensing with his service and it was a case of termination of service without reasonable cause which was bad in law in view of Section 26 of the Shops Act.

(3.) The petitioner filed show cause in which allegations aforesaid made by Singh were decided. It was assured that resignation given by Singh was voluntary.