1 S.B. Civil writ petition No.216/2010 Bhanwar Singh vs Prefect Thread Mills Ltd. & Anr. Date of Order dated 13.1.2010 HON'BLE MR. PRAKASH TATIA, J. Mr. Harish Purohit, for the petitioner . <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the award dated 7th June, 2008. The reference made to the labour court was whether the petitioner was wrongly removed from service from 12.1.1998. It is pertinent to mention here that neither the petitioner nor the employer-respondent produced any evidence yet the labour court reached to the conclusion that the removal of the petitioner from 12.1.1998 was illegal then the labour court considered the plea taken by the employer that the petitioner thereafter i.e., after 12.1.1998 joined the duties and after working for one year on 16th Sept., 2000 he voluntarily left the services and took all service benefits like gratuity, leave encashment maintenance allowance etc. This plea was not rebutted by 2 the petitioner by filing rejoinder or by giving his statement before the labour court. However, this fact now is admitted fact that petitioner took the benefits referred above on 16th Sept., 2000. In view of the above, even if the petitioner's services was wrongly terminated on 12.1.1998 his cause come to an end when he joined the duty again and then his right for the post come to an end when he took all the benefits of service voluntarily and left the services. In view of the above reasons, I do not find any illegality in the impugned award dated 7th June, 2008 and hence, the writ petition of the petitioner is dismissed. [PRAKASH TATIA], J. cpgoyal/-