SHEIKH MAHBOOB MADER Vs. SYED ASHFAQUE HUSSAIN ANOTHER

JUDGEMENT

(1.) Special leave granted.

(2.) Appellant 2 is an education society while appellant 1 is its joint secretary. Respondent 1 was an Assistant Teacher in the employment of the school run by appellant 2. Dispute arose as to the employment of the teacher in the institution; while the employer claimed that the teacher had resigned from service and that is how his services came to an end, respondent 1 maintained that he had not resigned from service and that a blank paper with his signature taken from him at the time of his appointment as teacher had been utilised as the letter of resignation. The School tribunal relied, inter alia, on three affidavits given by once-upon-a-time employees of the institution stating that appellant-society had been following the practice of taking blank papers with signatures at the time of issue of appointment orders and converting the same into letters of resignation as and when necessary. The allegation was specifically denied by filing an affidavit before the High court.

(3.) Two Writ Petition appeared to have been simultaneously heard and disposed of by the High court. In one which is not subject matter of this appeal the High court stated: