P NAGARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has presented this petition for quashing the award of the Labour Court, Mysore, holding that the management was justified in accepting the resignation of the petitioner even after he withdrew the said resignation as the same had been accepted by the management before its withdrawal.

(2.) The facts of the case in brief are as follows :

(3.) The petitioner was a clerk in the service of M/s. Kushalnagar Works at Kudige in the district of Coorg. According to the petitioner, on account of the use of abusive language and ill-treatment by the then manager, he tendered his resignation on 23rd August, 1969, and the resignation has to become effective on the expiry of one month, i.e., with effect from 22nd September, 1969. Subsequently, after considering the consequences that would ensue to him as a result of loss of job, the petitioner made a representation on 3rd September, 1969 (annexure-3 to the counter-statement) to the managing director and in the said representation, he withdrew his resignation. But he was not allowed to continue in service on the ground that his resignation had already been accepted as per the order dated 23rd August, 1969. Subsequently, he was relieved of his duties with effect from 22nd September, 1969. Thereafter, the petitioner raised an industrial dispute. After the conciliation proceedings failed the Stage Government, by its order dated 29th December, 1970, referred the following points of dispute for adjudication to the Labour Court, Mysore. (annexure-5) : POINTS OF DISPUTE