IN 1-I-m men mum' on xuuuurraxn AT I!A!lGAL0Rfin..VV_V"- DATED THIS THE 12th DAY 01? MARSH, zoos _ d BE. 0l\E The !v1:.a_n_ag1_D.g D1.r.ect.r.-r, 'l'.Stanes and Co.Ltd., No I 23-24, Race Go' Coimbatore -- 18. '- D . .. PETITIONER um: .... _ Sr; K=S;Na.r9.ei.vf.£.h9;Du.*th§v, u we late Subba Bhetta, Aged about 50 yeara - -_ -~ Residing at Bimskar Rao Layout, Urgazioor Viiiagc." ..... Shimoga Taiuk "Déistrict- 577 201. A _ RESPONDENT
V -This is filed under Articles 226 and 227 of
‘%31S’£1:t’|i’I.’if3,’fi T-of India. praying to quash the award dated
_12L12′.200’I’,pasSed by the Presiding Oflicer of the Labour Court
at_dii.u”bii in Refemnce No.23[05, as per Ann-J and remand the
D’ to the Labour Court for fresh consideration in
” aooordanee with law.
[This Petition coming on for Prly. Hearing this day, the
fj’f\!’I”‘ -on n-ml
” ~ , w _u.I. I. mane the .fo11ow”iDg:
Q.B..l2.E.B
An award dated 12.12.2007 in Reference No.23;j§2ooS’V’iie 0
called in question by the petitioner Management.’
…_ .. _ ‘LA. __ 4.A.I;._-.:n
ugut A
Fund and Gratuity on the ground he
voluntary retirement by application dated’. ii-Ioieever,
the Management heated the opting.-.eis:’a resignation
and denied the benefit. ft
3. Though the wa§~:.’i_’eei’ved ion the petitioner –
_ Management Mfinagement engaged the
services of the edveeete,.. petitioner neither filed the counter
statement ncr.,c1os” workman nor contested the
4′. an appreciation of the evidence found
0′ V’.tihat,_the letter 10.2002 is not a letter of resignation,
0 a, for voluntary retirement and found that,
S treating the same as resignation and denied
:hene’iits and held that it is wholly illegal and the termination
*’of”t11e services of the respondent is mega; and dheeted the
seruement’ *f the Pmvitient. ”
/’ .
-./T”
em. =
petitioner Management to pay Rs.5,374/- with interest at
rate of 10% and other reliefs.
SJ11
advocate engaged had met with an accident and f}he.conId”not__V A in .’
appear before the Labour Court and phage his at’;
Annexure- ‘K’.
6. in the the stated that,
he had appeared before the Referenee Pxeaiding
Oflicer was on heard the
matter in Deceznher téeived with the copy
of the he he has not followed the
procedure and ftirther he has handed over the
certified copy to the petitioner.
‘. mentioned that. he has met with an
:{*accident,* ietteeno where he states that. he could not
Veeppe:-tr on the accident. In turn. the learned advocate
to-. the Presiding Oficer for not serving the copy
“Tetfthettexethihatton-ht-chief. Apett from the document dated
‘I
vi -«U an vwuanu-.n.n.n-1.’-an-|.n.
Co-Operation of
Mr3KRamachandra/ SSS of Dauangere, I have
.r~$zLt
,
-4-
applied VRS for the post qf Sr.Assistant qt’
Davangere Hence, I request our HO to ¢
kindly accept my was at your earliest and oblige. I %
thanks our Managing Director, General =
Area M’anager’s and other superfois 4′ V
-Ilia’-mini’:-III ‘II ‘Inn (nun:-anon-nnJan¢n¢’Iq:
‘-“y’nIv’Ir’$”r’l”‘I- II,’-1″‘-Ill!” ‘C, [’93
Hence, relieve
settle my RP. Gratuity and other K
8. Reading of the letter ‘respondent
had opted for voluntary uilot tendered
resignation. The tejelcd the respondent
in terminating that, the Labour
Court on app1eeiafien~ot __h_aa passed the amt!
V’3*.~,t_;c:t;»A1tfdi::a;;:i3r;,:’tV*;?i~it:11=tition fails and the same is dismissed.
Sd/-~
Judge