about threat
and coercion of the appellants-Management and that the
workmen never intended to take the VSS. No doubt, the case
of appellants ... again a case arose under Section 33 of the Act and is,
therefore, close to the facts of the case before us.
Respondent/ employee complained
discharge vouchers
ought not to be obtained under coercion, force or compulsion. In the
present case, the respondent obtained a clean discharge voucher from
SPCB ... such a
case is not voluntary but under duress,
compulsion and coercion. The coercion is subtle,
but very much real. The "accord
case to case. But in no instance can it be said that the mere plea
that the no claims certificate was given under coercion ... such a case is not voluntary but under duress, compulsion
and coercion. The coercion is subtle, but very much real. The
`accord
view of the fact that he had not defended his case before the domestic
enquiry officer and admitted the guilty and re-paid the misappropriated ... made by
way of coercion or undue influence. Even in such case, coercion or
undue influence must be established before the competent court
duty demanded for filing appeal
before Tribunal. Hence, recovery of money under coercion at this stage is
without authority of law and the amount needs ... case of the petitioners is that the same was deposited
under coercion. Case of the respondents was that the same was
deposited voluntarily. Whatever
there was no substance in the allegations of
coercion/undue influence. In the second category of cases, the
Court found some substance in the contention ... such a case is not
voluntary but under duress, compulsion and coercion.
The coercion is subtle, but very much real. The
“accord
full and final settlement. In
such a case, the discharge is under economic
duress on account of coercion employed by the
employer. Obviously, the discharge ... case
23
is not voluntary but under duress, compulsion and
coercion. The coercion is subtle, but very much
real. The `accord
particularly, the evidence recorded in
appeal from which a clear case of undue
influence, coercion, duress and police
pressure in execution of the deeds ... made to sign the gift deeds under
coercion and the same were signed under coercion, so the same
are not valid and liable
that the agreement was vitiated by fraud, coercion or undue influence."
16. Again in the case of National Insurance Company Limited Vs. Sehtia Shoes ... agreement to accept a particular amount was on account of coercion. In the instant case, this relevant factor has not been considered specifically
therefore, the aforesaid Section also does not apply.
No case of coercion is made out by the complainant Company, since there is no allegation ... that it was influenced by use of coercion, undue influence, fraud, mistake or misrepresentation. In the present case, no such influencing factor has been established
