AI Structured Summary
Not yet generated for this judgment
Judgment
Mehtab S. Gill, J.—The petitioner has filed this writ petition seeking a writing the nature of Certiorari for quashing the award of Labour Court, Gurdaspur dated 10.8.1998 (Annexure P4).
It has been averred that respondent No. 1 was employed with the petitioner as a Moulder on 18.9.1991 at a fixed salary of Rs. 1,500/-. The respondent No. 1 wanted to leave his job and a settlement came into being between the management and respondent No. 1. Pursuant to settlement arrived at u/s 18(1) of the Industrial Disputes Act, respondent No. 1 was paid Rs. 2,500/-. Copy of the settlement has been attached as Annexure P1. It is further averred that respondent No. 1 afterwards changed his mind and wanted the management to take him back in service, but, the management refused. He approached the Labour Court and denied his thumb impressions and the settlement, Annexure P1.
Notice of motion was issued.
We have heard learned Counsel for the petitioner, counsel for respondent No. 1 and perused the petition as also the anneuxres attached therewith.
Settlement Annexure P1 is attested by two witnesses. Both of them have not been produced by the management for the reasons best known to it. Further, Ramesh Kumar, partner of the firm has also not come forward to depose as to how and in what circumstances the settlement had come into being and also to prove the thumb impressions of the workman-respondent. It was imperative on the part the management to examine the attesting witnesses and to get the thumb impressions of workman-respondent examined by a Handwriting Expert. An application was made to get the thumb-impressions of the workman-respondent ex-amined. This application was made after the evidence was closed on 3.11.1997. The application, copy of which has been attached as Annexure P3, was moved on 27.4.1998, after elapse of about four months. The learned Labour Court rightly rejected the application and passed the award in favour of the workman. We find no infirmity in the findings of the Labour Court.
As a result, we find that this petition is without any merit and is, therefore, dismissed.
Petition dismissed.