IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 7390 of 2008 Date of Decision: May 6, 2008 Ram Gopal Singh ................................................... Petitioner Versus The Presiding Officer, Labour Court, Faridabad and another .......................................................... Respondents Coram: Hon'ble Mr. Justice Ashutosh Mohunta Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia Present: Mr. Deepak Sonak, Advocate for the petitioner. .... ASHUTOSH MOHUNTA, J. The challenge in this writ petition is to the award dated 26.5.2006 (Annexure P-3) passed by the Presiding Officer, Labour Court, Faridabad, vide which the services of the petitioner were terminated. The petitioner was appointed on the post of P.V.C. Helper on 24.5.1972 in M/s Skyton Electricals (India) Ltd., Faridabad. He worked continuously on the said post upto March 1991. As the Management was suffering continuous losses, therefore, it procured permission from the Joint Labour Commissioner, Haryana, to retrench the workmen and in pursuance to the grant of permission the services of the petitioner were terminated on 1.4.1991. The petitioner was asked to collect his full and final dues from the Management. It is the case of the petitioner that as he was not paid the full retrenchment compensation, hence, termination of his services is illegal. The matter was referred to the Labour Court which answered the reference against the petitioner. A perusal of the impugned award shows that a cheque for the full and final payment was sent to the petitioner through registered post. [ 2 ] C.W.P. No. 7390 of 2008 However, the same was received back undelivered. Thereafter, the petitioner did not come back to receive the payment and instead filed a Demand Notice on 20.7.1991. On 2.8.1991 the petitioner approached the Management and entered into a “settlement” with the Management under Section 18(1) of the Industrial Disputes Act and received the full and final payment of Rs.26,557.40 vide Receipt Ex.M-8. The Receipt duly bears the signatures of the petitioner. As the petitioner had received the full and final payment with regard to his retrenchment, hence, the Labour Court held that the petitioner is not entitled to any relief. As the petitioner had received the full and final payment from the Management vide Ex.M-8 through a cheque which bears his signatures, hence, the petitioner is not entitled for reinstatement and continuity of service with full back wages. In case the petitioner was being paid an amount lesser than what he was entitled to, then he could have refused to enter into a settlement with the Management. In the present case, the agreement between the petitioner and the Management had been signed by the petitioner and he had accepted the cheque in terms of the settlement and had also encashed the same, hence, the petitioner is not entitled to any relief. Accordingly, we find no merit in the writ petition and the same is dismissed. ( ASHUTOSH MOHUNTA ) JUDGE ( KANWALJIT SINGH AHLUWALIA ) 6.5.2008 JUDGE rupi