KIRLOSKAR ELECTRIC COMPANY LIMITED Vs. DAYANANDA BENGRE

JUDGEMENT

(1.) IN this petition, the Management assails the award passed by the Additional Industrial Tribunal, Bangalore dated 16th May 2003 in a. I. D. Np. 335/2001.

(2.) THE case of the Management is that the claimant tendered his voluntary retirement to be accepted after 30-11-1995. The management has accepted his resignation w. e. f. 6-12-1995 and on the very same day, they sent the acceptance letter through Registered post with Acknowledgement Due. It is stated by the Management that the communication has reached the claimant on 7-12-1995 itself and an order of acceptance of Voluntary Retirement came to be passed.

(3.) IN the meanwhile, according to the claimant, although the resignation was supposed to be accepted on 30-11-1995, he had worked up to 6-12-1995 as no such communication was received by the claimant from the Management. Subsequently, the claimant withdrew the resignation on 6-12-1995 and on the Very same day he sent a letter of withdrawal which reached the Management on 7-12-1995 itself i. e. before the communication of acceptance of his voluntary retirement. However, there is no such communication being received by him regarding acceptance of his Voluntary Retirement, as such he is deemed to be in service. Accordingly, he raised a dispute by filing an application under Section 10 (4-A) read with Section 2-A of the industrial Disputes Act, 1947 before Industrial Tribunal.