MANAGING DIRECTOR CAMPCO LTD Vs. B VISHNU MURTHY

JUDGEMENT

(1.) THE management of CAMPCO Ltd., aggrieved by the award dt. 28.10.2010 in IDR 11/2008 of the Labour Court, D.K. Mangalore, Annexure-A has presented this petition.

(2.) UNDISPUTED facts briefly stated are: Respondent-employee of the petitioner forwarded a letter of resignation on 3.5.2006 extending a month's advance notice and on 5.8.2006 addressed a letter withdrawing the said letter of resignation, received by the petitioner on 9.8.2006. Petitioner?s acceptance of the letter of resignation by resolution dt. 21.7.2006, w.e.f. 2.6.2006 of its Executive Committee was neither communicated to the respondent nor was the respondent relieved from service.

(3.) THE Labour Court in the admitted factual matrix and following a long line of reported opinions recorded a finding of fact that the respondent had the locus poenitentiae to withdraw his proposal of resignation before the communication of acceptance of resignation and accordingly by the award dt. 28.10.2010 impugned, allowed the reference in part, directed reinstatement with continuity of service and 50% backwages from 5.8.2006 upto the date of reinstatement.