Tendering resignation is to be proved by the employer: Punjab & Haryana HC

Tendering resignation is to be proved by the employer: Punjab & Haryana HC

Punjab and Haryana High Court in Shahi Exports Private Limited vs. Presiding Officer, Labour Court-1, Faridabad and Ors. C.M.P No. 819/2015, while examining the issue of termination of the workman by the employer without payment of retrenchment compensation as employer contended that the workman was not terminated but he himself tendered his resignation, observed that the contention of the employer cannot be accepted since the employer has not questioned the testimony of the workman that the said letter was a fabricated one and employer did not take any steps to prove the authenticity of the said document and therefore the Court does not find any illegality in the conclusion arrived at by the Labour Court that the factum of resignation of the respondent-workman has not been proved on record and the workman was awarded compensation payable by the employer.

Also read: Allowances cannot be camouflaged to avoid PF contribution: Bombay HC

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April 2024

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