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Appeal No. LHR‑585 of 1983, decided on 8th December, 1984
‑‑‑Ss. 25‑A & 38(3)‑‑Grievance petition against dismissal from service‑ Petitioner admitting to have received amount towards full and final settlement of dues‑‑Stands estopped‑‑Plea of forced payment of amount not convincing as believable‑‑Grievance petition, in circumstances, held, rightly disallowed by Labour Court.
Pervez Inayat Malik for Appellant.
M.S. Bokhari for Respondents.
Date of hearing: 1st December, 1984.
The decision, dated 12‑12‑1983 recorded by the learned Presiding Officer, Punjab Labour Court No. 2, Lahore has been challenged, whereby the grievance petition of the appellant was dismissed on the sole ground that he had received Rs.2,586 towards his full and final settlement of his claim, vide Exh. R‑9. It has been found that the order of termination is uncalled for as the post existed even after the termination of the services of the appellant.
2. The appellant took up the plea in his statement that he was compelled to receive Rs.2,586 towards full and final settlement. The compulsion, according to him, was that issuance of receipt of stock was refused. The statement of the appellant was rebutted by R.W.1 who deposed that the appellant had received the amount of his own free will and without any protest. This is not believable that the appellant was forced to receive the amount. It was not suggested to R.W.1 in cross‑examination that any stocks were received from the appellant and that its receipt was withheld on the plea that it would be A issued in case the appellant accepted the amount of Rs. 2,586 towards full and final settlement of his claim. No doubt, in Exh. R‑4 break‑up is not given but since the appellant admitted that he had received the amount towards full and final settlement, he stands eatopped. His petition was, therefore, on this ground rightly disallowed.
3. As a result, the appeal fails and is dismissed.
A.E.
Appeal dismissed.
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