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Judgment
S.S. Suuhalkar, J.—Respondent No. 3 has resigned but the Labour Court held that his dues were not paid to him and awarded a sum of Rs. 3000 as compensation u/s 25 of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act").
I have heard learned counsel for the petitioner.
Learned counsel for the petitioner argued that the fact that the respondent had resigned was not in dispute and also not in dispute today. Therefore, the question of retrenchment compensation docs not arise. The case is covered u/s 2(oo)(a) of the Act which reads as under :
''2(oo) "retrenchment" means the termination by the employer of the services of a workman for any reason whatsoever, otherwise than as a punishment inflicted, by way of disclipinary action but does not includc,-
(a) voluntary retirement of the workman ; or...
As the respondent had voluntarily submitted resignation, grant of compensation u/s 25 of the Act does not arise. The award of compensation of Rs. 3000, therefore, deserves to be quashed.
In the result, the writ petition is allowed. The impugned award is quashed.