The High Court dismissed a writ petition challenging a Labour Court award. The court found the petitioner ineligible to claim employee status as he had accepted voluntary retirement with a full and final settlement and failed to produce service evidence.
The writ petition is dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.W.P. No. 7261 of 2008 Date of decision:-2.5.2008.
Dharam Pal
...Petitioner.
Versus
Presiding Officer, Labour Court, Ambala & Another
...Respondent.
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr.Balkar Singh, Advocate for the petitioner.
ASHUTOSH MOHUNTA, J.
The challenge in the writ petition is to the award dated 22.10.2007 Annexure P-1 passed by respondent no. 1 vide which the reference has been answered against the petitioner.
Perusal of the impugned award shows that the petitioner was an employee of M/s Chirag and Company and had sought voluntary retirement. In pursuance to his voluntary retirement he was paid a sum of Rs. 89,946/- vide cheque drawn on Syndicate Bank, Yamuna Nagar as full and final settlement. The petitioner has also encashed the sanction.
In view of the above the petitioner cannot claim himself to be an employee of respondent no.2.
Apart from the above, the petitioner did not produce any wage slip or identity card issued by respondent no.2 and this fact has been admitted by the petitioner in his cross examination.
...2.
C.W.P. No. 7261 of 2008
-2-
In view of above, we find no merit in this writ petition and the
same is disposed of.
(ASHUTOSH MOHUNTA) JUDGE
(KANWALJIT SINGH AHLUWALIA) MAY 2, 2008 JUDGE ritu.II
2 issues framed by the court
Whether the petitioner is eligible to claim rights of an employee against the respondent after accepting voluntary retirement and full settlement.
Whether the failure to produce wage slips or an identity card supports the labour court's award dismissing the petitioner's claim.
Dharam Pal
Presiding Officer, Labour Court, Ambala
Another
Ashutosh Mohunta
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
