JAYATMA SPINNERS LTD Vs. PRAMODRAI REVASHANKER MEHTA

JUDGEMENT

(1.) By way of preferring petition being Special Civil Application No.11409 of 2000 the petitioner has challenged the judgment and award dated 05/05/2000 passed in Reference (LCK) No.494 of 1997 passed by the learned Presiding Officer, Labour Court, Kalol, N.G., whereby the Labour Court has ordered reinstatement of the respondent in service with full back wages and continuity.

(2.) As the respondent had tendered his resignation on 13/04/1997 as Supervisor and his resignation was accepted, he was relieved. However the same was disputed by raising a dispute that he has withdrawn the sum on 16/04/1997 which has been produced at Annexure E.

(3.) Learned Advocate for the petitioner submitted that even otherwise the case of the respondent is accepted that he has attained age of superannuation as on 20/01/1998, he is not entitled for the salary after 01/02/1998. In that view of the matter, salary for seven and half months is required to be paid.