REENA Vs. NANDA BROTHERS P LTD

JUDGEMENT

(1.) THE petition impugns the award dated 17th March, 2008 of the Industrial Adjudicator on the following reference:- "Whether the services of Smt. Reena have been terminated illegally and/or unjustifiably by the management and if so, to what relief is she entitled and what directions are necessary in this respect?" and holding that the petitioner workman had herself resigned from employment of the respondent employer and is thus not entitled to any relief.

(2.) NOTICE to show cause of the petition was issued on 22 nd July, 2008. Since then the matter is being adjourned either for the reason of the petitioner having not taken any steps for service of the respondent employer or for the reason of the process sent to the respondent employer at the address given by the petitioner workman being returned with the endorsement that no such firm exists at the said address. The counsel for the petitioner workman has now filed CM No.6651/2011 for service of the respondent employer by substituted means. However since the matter is still at show cause stage, it has been deemed expedient to hear the counsel for the petitioner workman on whether the award calls for any interference in exercise of power of judicial review.

(3.) THE Industrial Adjudicator has found that the respondent employer had proved the resignation letter of the petitioner as Ext. WW1/M1 and on which the petitioner admitted her signature. It was further found that the petitioner did not explain the circumstances in which her admitted signatures existed on the said resignation letter. THE Industrial Adjudicator, in the face of the said admission and circumstantial evidence of the petitioner workman prior thereto being on maternity leave believed the version of the respondent employer of the petitioner having herself resigned from employment.