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Judgment
K.S. Jhaveri, J.—By way of this petition, the petitioner has prayed to quash and set aside the judgment and award passed by the Labour Court, Palanpur in Reference (LCP) No. 74/2001 dated 06.03.2004, whereby, the petitioner-Corporation has been directed to pay lump-sum amount of Rs. 70,000/- to the respondent towards arrears of salary.
The facts in brief are that the respondent was charge-sheeted for disciplinary proceedings in relation to an incident that had occurred on 24.01.1993 where the respondent was allegedly found to have committed certain irregularities in the issuance of tickets. Ultimately, the disciplinary authority imposed the punishment of dismissal from service, vide order dated 03.08.1994. First and second appeals preferred before the appellate authorities of the petitioner-Corporation came to be dismissed.
Therefore, the respondent raised a dispute, which was referred to the Labour Court for adjudication. The Labour Court, after hearing both the sides, partly allowed the reference by directing the petitioner to pay lump-sum amount of Rs. 70,000/- to the respondent, by way of the impugned award. Hence, this petition.
Heard learned Counsel for the respective parties and perused the documents on record. The order of dismissal was passed in August 1994. Thereafter, on 01/02.08.2001 the respondent was paid his retirement dues. While receiving the said amount, the respondent had given an Undertaking in writing that he would not raise any dispute or file any proceedings for claiming reinstatement in service. However, after receiving the said amount, the respondent raised the dispute in question.
Considering the aforesaid factual aspect, the respondent cannot be said to be entitled for the said amount. Once he had accepted all his dues and had also given an Undertaking that he would not initiate any proceedings claiming reinstatement, having accepted all the dues, then the respondent ought not to have raised the dispute in question. The respondent has tried to abuse the process of Court by raising the dispute, which cannot be permitted. Hence, the impugned award passed by the Labour Court deserves to be quashed and set aside.
For the foregoing reasons, the petition is allowed. The impugned award passed by the Court below is quashed and set aside. Rule is made absolute.