BHAJENDRA NATH MATHEW Vs. BASTAR KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) Petitioner would challenge the award passed by the Central Government Industrial Tribunal Cum Labour Court (in short "CGIT") on 11.04.2007 vide Annexure P-21 by which the CGIT has adjudicated the industrial dispute raised by the petitioner against him holding that the petitioner is not entitled to be reinstated in service.

(2.) At the relevant time petitioner was posted as Clerk-cum- Cashier at Bastar Kshetriya Gramin Bank, Jagdalpur, District Bastar, (henceforth 'Bank'). He submitted a letter of resignation on 29.07.1983 making the same effective w.e.f. 01.09.1983, thus giving one month's notice before the actual date of resignation. Petitioner thereafter served another notice on 30.09.1983 relinquishing his post pursuant to the earlier letter of resignation. The Branch Manager forwarded his letter of resignation to the Head Office on 30.09.1983. The petitioner subsequently resumed office on 19.10.1983 after writing the communication/letter Annexure P-4 that he withdraws the letter of resignation. Petitioner attended the office for two days but was not allowed to work w.e.f. 21.09.1983, consequent to communication from the Head Office of the Bank vide Annexure P-5 dated 21.10.1983. He then raised the industrial dispute, which was referred for WPL No. 7478 of 2007 adjudication to the CGIT.

(3.) The CGIT completed the inquiry and eventually held that petitioner having resigned by giving one month's notice, his service has not been terminated and the resignation having come into effect after the period of notice was over, he could not be reinstated.