MANAGEMENT OF MESSRS KUSHALNAGAR WORKS Vs. P NAGARAJU

JUDGEMENT

(1.) This appeal is preferred by the Management against the order dated 14 6-1984 passed by the learned Single Judge in W.P. No. 12222/1979. By the said order, the learned Single Judge has quashed the award of the Labour Court, Mysore dated 18-11-1978 made in Ref. No. 133/1978 and has further held that the 1st respondent (petitioner in W.P. 12222/79) shall be entitled to reinstatement with continuity of service and back wages to the extent of 75% of the wages which he would have drawn had he been continued in service. The appellant has also been further directed to call upon the 1st respondent within one month from the date of the order to join duty by giving him 15 days time to do so.

(2.) The 1st respondent was an employee of the appellant. He tendered his resignation to the post held by him on 23rd August 1969 with a request to relieve him from his duties from 22nd Sep. 1969. The Manager of the appellant- management accepted the resignation on the sameday(23-8-1969) and intimated the order of acceptance to the 1st respondent. The letter of resignation and the letter of acceptance of resignation are produced as Exhibits M. 3 and M. 4 before the Labour Court. After the acceptance of the resignation but before 22nd September 1969, the 1st respondent sent a letter dated 2nd September 1969 withdrawing his resignation. The appellant-management refused to accept the letter of withdrawal on the ground that it had already accepted his resignation.

(3.) The 1st respondent raised a dispute under the Industrial Disputes Act, 1947. The Government of Karnataka by their Order No. FCL 600 LLD 70 dated 29th December 1970 referred the following points of dispute for determination by the Labour Court, Mysore :