Suresh Kait, J.

W.P.(C) 3474/2012

1. Vide the present petition, the petitioner seeks setting aside of the award dated 21.03.2012 passed by the learned Presiding Officer of Labour Court-XIX, Karkardooma Courts, Delhi in I.D. No.260/2009 and LIR No.245/2011.

2. Vide order dated 30.05.2012 passed in C.M. No. 7326/2012, this Court stayed the reinstatement of the respondent No.2/workman, however, declined to stay the operation of the impugned award directing the payment of back wages to the respondent No.2 on the ground that no irreparable loss is going to be caused to the petitioner Management, when the respondent No.2/workman, has been successful in the first round of litigation. Accordingly, the back wages have already been received by the respondent No.2/workman.

3. Mr.Gurpreet Singh Sethi, learned counsel appearing on behalf of the petitioner Management has drawn attention of this Court to the statement of claims filed on behalf of the workman, whereby stated as under:-

“4. That the management started to get-rid to the workman, but failed and on 9.5.2009, the management called to the workman in his office and obtained the signature of workman on blank paper and voucher with revenue stamp and the management had illegally terminated the workman on same day on 9.5.2009, without paying any dues, without given any prior notice, within any rhyme or reason.

5. That after termination from the services, the workman had visited the establishment of management regularly till 12.5.2009, but on last day on 12.5.2009, the management had clearly stated to the workman that you don’t come from tomorrow.

6. That after clearly stated by the management, the workman had joined union on 12.5.2009, and through the union on 12.5.2009, the workman lodged the complaint against the management for illegal termination after taking signature on blank papers and voucher with revenue stamp.”

4. Learned counsel for the petitioner Management submitted that no averment has been made in the statement of claims by the respondent No.2/workman that his signatures were taken under coercion, pressure or threat.

5. The petitioner Management filed the written statement, whereby stated as under:-

“2. That the Workman had left the service with his own sweet will and took full and final payment of Rs.31,088/- from the management and signed on the full and final settlement report after putting his signature on the said report.

3. That the Workman had also signed the full and final receipt Dt. 9.5.2009 which says that the Workman had left the service on his own accord without any pressure and coercion. He also admits that he do not have any claim whatsoever regarding his employment and also forgo his right of reinstatement or reemployment in future.

4. That besides the above the workman also signed on the various vouchers dt. 9.5.2009 as follows:-

1) Rs.3,710/- Salary for the month of April 2009 (27 days)

2) Rs.22,560/- Gratuity, Bonus for the year 08-09

3) Rs.4,818/- towards Leave encashment (35).”

6. Mr.Sethi, submitted that the respondent No.2/workman received a sum of Rs.3,710/- towards salary for 27 days in the month of April, 2009; Rs.22,560/- towards Gratuity and Bonus for the year 2008-09 and Rs.4,818/- towards leave encashment of 35 days and the respondent No.2/workman put his signatures on all the receipts of the aforesaid payments.

7. Learned counsel further submitted that in response to suggestion put in the cross-examination, the respondent No.2/workman replied that:-

“ It is wrong to suggest that the workman had taken full and final payment from the management on 9.5.09 after putting signatures and thumb impression on the vouchers amounting to Rs.3710/-, Rs.22560/- and Rs.4818/- respectively besides signing full and final settlement document which showing that net payable amount after deduction of Rs.3,710/-, leave encashment of 35 days, Rs.4,818/- bonus for the year 2008-2009, Rs.4690/- and gratuity Rs.17,870/- totalling Rs.31,088/-. It is wrong to sugg