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Jharkhand High Court · body

2017 DIGILAW 931 (JHR)

Sibu Mahto v. State of Jharkhand

2017-06-15

APARESH KUMAR SINGH

body2017
JUDGMENT : 1. Heard learned counsel for the petitioners and the State. 2. The learned Presiding Officer, Labour Court, Ranchi has answered the reference quoted as under against the workmen/petitioners herein by the impugned award dated 29.11.2006 passed in Reference Case No. 7 of 2002:- “whether the dismissal of Sarvasri Shibu Mahto and Saukat Ansari workmen by the management of Mahalaxmi Fibres and Industry Limited, Ormanghi is justified? If not what relief these workmen are entitled to?” 3. Both petitioners i.e. the workmen have set up a case of termination from service against the Respondent no.2, management through their written statement. The Respondent management challenged the maintainability of the reference and denied that the concerned workmen were terminated from service. According to them the workmen had tendered their resignation on their own accord and did not raise any grievance with the management. The following issues were framed by the learned Court for adjudication:- “(i) Whether the services of the concerned workmen Shibu Mahto and Saukat Ansari was terminated by the management or concerned workmen resigned from the service? (ii) Whether they are entitled to any relief or reliefs?” 4. Workmen adduced two witnesses, one being petitioner no.2 himself, while W.W.2 being one Anjani Kumar Pandey. No documentary evidence was filed by the workmen. Management examined one witness, M.W.1 Pannalal Mahto. Management adduced Ext.A the resignation letter dated 3.3.2000 of petitioner no.2 Saukat Ansari; Ext.A/1 resignation letter dated 4.8.1999 of petitioner no.1 Sibu Mahto; Ext. B- the final accounts of payment of Saukat Ansari; Ext. B/1 the final account of Shibu Mahto; Ext.C is the letter dated 19.5.2000 of Saukat Ansari; Ext.D is joint photograph of Saukat Ansari and his wife; Ext. D/1 is the certified thumb impression of Saukat Ansari; Ext.D/2 is particulars of family members of Saukat Ansari approved by panchayat Sewak; Ext. E is a letter addressed to P.F. Commissioner regarding settlement of Provident Fund and pension of Saukat Ansari; Ext. F is the statement of Bank account regarding the encashmennt of cheque no. 361391 of Rs.20,527/- in the name of Shibu Mahto; Ext. G is the joint photograph of Shibu Mahto and his wife; Ext. E is a letter addressed to P.F. Commissioner regarding settlement of Provident Fund and pension of Saukat Ansari; Ext. F is the statement of Bank account regarding the encashmennt of cheque no. 361391 of Rs.20,527/- in the name of Shibu Mahto; Ext. G is the joint photograph of Shibu Mahto and his wife; Ext. G/1 is the certificate of Panchayat Sewak detailing the family particulars of Shibu Mahto; Ext.H is the letter dated 28.10.1999 addressed to Provident Fund Commissioner for settlement of Provident and pension of Shibu Mahto; Bank statement regarding the encashment of cheque no.383829 for Rs.14,077.95 in the name of Saukat Ansari is marked 'X' for identification. 5. Learned Tribunal examined the evidence on record and answered the issue no.1 against the workmen. The factum of acceptance of resignation by the management, settlement of dues vide Ext. B and B/1, encashment of cheques as per Ext. F and X and the fact that concerned workmen never raised any dispute and moreover applied for full and final payment of P.F and Pension through letter written to the Provident Fund Commissioner have heavily weighed upon by learned Labour Court to answer the instant issue relating to alleged termination of these workmen against them. It has found that no dispute was ever raised for 2 years. Moreover workman, Shibu Mahto had filed an affidavited petition stating that he has tendered resignation on his own accord and has not authorized any Union to raise dispute. He had also testified on 18.11.2003 that he has not been terminated by the management rather he had resigned from the job which was accepted by the management leading to payment of all dues. He has no dispute or grievance. Learned Labour Court has come to similar findings in respect of allegation of termination by workman Saukat Ansari. His resignation was found to have been accepted on the basis of deposition of the management witness and final payments were made towards outstanding dues. The cheques in lieu thereof were encashed as per the admission of the workman, petitioner no.2 herein. These findings of fact do not appear to suffer from any perversity and have been rendered on proper appreciation of material evidence on record. Learned counsel for the petitioners has failed to show that findings of facts were based on no evidence at all or that were vitiated on the grounds of perversity. 6. These findings of fact do not appear to suffer from any perversity and have been rendered on proper appreciation of material evidence on record. Learned counsel for the petitioners has failed to show that findings of facts were based on no evidence at all or that were vitiated on the grounds of perversity. 6. In such circumstances, in exercise of powers under Article 226 of the Constitution of India, this Court does not find any infirmity in the impugned award on any of the settled ground of judicial review. The writ petition is therefore devoid of merit. It is accordingly dismissed.