UMED SINGH Vs. PRESIDING OFFICER & ANR.

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, petitioner has assailed the Award dated 15th September, 2008 passed by the Labour Court, Delhi whereby reference has been answered against the petitioner. The Secretary (Labour), Government of National Capital Territory referred the industrial dispute to the Labour Court for adjudication in the following terms: -

(2.) FACTUAL matrix, relevant for the purpose of disposal of this writ petition, is that petitioner was appointed as an Assistant Hindi Officer by the respondent no. 2 vide letter of appointment dated 13th June, 1990. He was put on probation for a period of one year. Probation was to be confirmed in writing. Relevant it would be to refer to Clause 1.10 of the appointment letter, which reads as under: -

(3.) SENIOR Manager personnel sent a telegram dated 8th January, 1992 to the Chief Engineer to the effect that resignation of petitioner may be accepted and he be relieved immediately. Pursuant thereof, Office Order dated 9th January, 1992 was issued stating therein that resignation tendered by the petitioner had been accepted with effect from 9th January, 1992 (AN) and he stands relieved from duty with effect from 9th January, 1992 (AN). It was further written therein that the recovery in respect of shortfall of 20 days in the one month's notice period, will be effected from him, inasmuch as his final dues will be cleared by the Finance and Accounts Wing, on receipt of no demand certificate from all concerned. This Office Order was served on the petitioner on 9th January, 1992 itself. On the same day petitioner sent a letter withdrawing his resignation. In the withdrawal letter he alleged that since his services were transferred to National Power Transmission Corporation with effect from 19th December, 1991 in terms of office order dated 20th December, 1991, therefore, he withdraws his resignation unconditionally.