Law:

Section:

Industrial dispute- -- Resignation-Contention of wrongful termination resisted on plea of voluntary resignation-Workman claiming that signature had been obtained on blank papers at time of entry in service-Such claim by educated workmen particularly when papers and vouchers bearing revenue stamps, held not believable-Case in circumstances, held, of voluntary resignation. Khurshid Ahmed Siddiqui for Appellants. S. P. Lodhi for Respondents. Date of hearing : 24th April, 1980. DECISION This appeal by the contractor of the appellant mills is directed against the decision of the learned First Labour Court given on 2nd February, 1980. holding that the respondents had not resigned from the appellant establishment and directing the appellant to re-instate them with back benefits. 2. The respondents were employed as weavers in the appellant estab­lishment of which appellant Ahsanullah Baig is said to be the contractor. The respondents, on 21st May, 1979, submitted individual grievance petitions to the learned Labour Court complaining that though they had been required to work for 12 hours a day they have not been paid overtime wages, that the appellants establishment had taken their signatures and the signatures of other workmen on plain papers and vouchers that the respondents had been elected as officers and members of the managing committee of the trade Union in the appellants establishment and intimation of this fact was given to the appellant establishment, which ha terminated their services contrary to the provisions of Standing Order 12(3). The appellants resisted the respondents grievance petitions on the common ground that the respondents had voluntarily resigned and had been paid their dues in full and final settlement of their claims. In support of their contentions they produced the resignations of the respondents as well as payment registers acknowledging receipt of dues by the respondents in full and final settlement of their claims. The respondents, except respondent Ismail, admitted their signatures on the resignation applications and the payment vouchers but contended that these signatures were obtained by them at the time of entry in service and that…

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