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MUKTA GUPTA
NAND LAL – Appellant
Versus
BAKSHI TRANSPORT CORPORATION – Respondent


Advocates Appeared:
For the Appellant : Sanjay Ghose
For the Respondent: Manish Malhotra

JUDGMENT :

Mukta Gupta, J.

1. By the present petition the Petitioner seeks setting aside of the award dated 30th January, 2010 passed by the learned Presiding Officer, Labour Court in an industrial dispute ID No. 156/2003 whereby the learned Labour Court held that the workman has failed to prove his case and refused to grant him any relief. Learned counsel for the Petitioner contends that the learned labour court has failed to appreciate that the services of the workman were terminated and that he did not leave his services of his own free will. The Petitioner who had a permanent job and was employed for over four years would not whimsically tender his resignation and thereafter within a month issue a demand notice to the management seeking reinstatement. The learned Presiding officer erred in relying upon the testimony of Kamal Kant Khandelwal (MW3) despite the fact that he has not demonstrated his expertise in handwriting and also in his cross-examination admitted that he cannot not say whether any other person can write such type of handwriting/signature. Further the Petitioner is illiterate and can sign in Hindi and used to sign the 'paid wages register' once in a month. Learned










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