High CourtsSingle Bench(2010) 08 GUJ CK 0180

Babubhai D. Parmar vs Birla Copper

Gujarat High Court · Decided on 27 August 2010

HON’BLE JUDGES
K. S. Jhaveri, J
RESULT
Dismissed
CASE NUMBER
Special Civil Application No. 9501 of 2007

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Judgment

4 paragraphs · 216 words

K.S. Jhaveri, J.—This petition is directed against the judgment and order dated 30th September 2006 passed by Labour Court, Bharuch in Reference (LCK) No. 249 of 1999 whereby the reference was rejected.

2.

The petitioner was serving as Crane Lift Operator in petitioner Corporation. According to the petitioner, his resignation was forcibly taken and he was removed from service. He therefore raised a dispute which was referred to Labour Court. However, the Labour Court rejected the reference against which the present petition has been filed.

3.

Heard the learned Advocates for the respective parties and perused the relevant record. As a result of this exercise there is a clear finding of the Labour Court that the petitioner had submitted his resignation which was accepted by the respondent. After considering the evidence at Exhs.37, 38, 39 and Exh.15 and list 22 and 32, the Labour Court has come to a definite conclusion that the petitioner has failed to make out a case that the resignation was not voluntary. Even in this petition learned Advocate for the petitioner is not able to point out anything to take a contrary view.

4.

In the premises aforesaid, I do not find any merits in the petition. The petitioner is therefore dismissed. Rule is discharged with no order as to costs.