1. This petition has been filed against the judgment and award passed by the Labour Court, Anand in Reference (LCA) No.06.1998 dated 27.01.2004 whereby, the said reference was rejected.
2. The facts in brief are that the petitioner herein joined the services of the respondent-Dairy as a ‘D’ Grade Workman in the year 1969. It is the case of the petitioner that the superior officers of the respondent- Dairy compelled him to tender his resignation on 10.07.1997 as he had filed a complaint before the police against the concerned officers of the respondent- Dairy. The said resignation was approved on 31.08.1997. Being aggrieved by the above action, the petitioner raised a dispute, which culminated into reference before the Labour Court. After hearing both the sides, the Labour Court rejected the reference by way of the impugned award. Hence, this petition.
3. Heard learned counsel for the respective parties. It appears from the record that the petitioner had accepted Notice Pay given by the respondent-Dairy at the time of his resignation. The petitioner had also accepted all the payments given by the respondent in pursuance of his resignation. Under such circumstance, the Labour Court rightly concluded that the resignation tendered by the petitioner was not on account of coercion on the part of the respondent. I am in complete agreement with the reasonings given in the impugned award and hence, find no reasons to entertain this petition. Consequently, the petition is dismissed. Rule is discharged.
(K.S.JHAVERI, J.) PRAVIN