KHEMCHAND NATHALAL RATHOD Vs. LALA PARMANAND

JUDGEMENT

(1.) This petition is filed challenging the award dtd. 27/4/2022, passed below Exh.28 by Presiding Officer, Labour Court No.4, Ahmedabad in Reference (T) Case No.577 of 2016, whereby, the reference application filed by the petitioner herein seeking reinstatement in service to the original post with continuity, has been rejected.

(2.) The brief facts as referred in the petition are as under:

(3.) Heard Mr. R.B. Shah, learned advocate for the petitioner. He submitted that the order of the Labour Court is erroneous as without considering the application dtd. 16/4/2016, the petitioner was relieved from service. He submitted that as per the settled legal position, if the resignation is not accepted and communication to that effect is not made to the concerned employee, the employee has a right to withdraw the resignation. He further submitted that in absence of any decision on the resignation application dtd. 7/3/2016, withdrawal of resignation under letter dated 16.4.20216 is valid and the petitioner cannot be treated as employee resigned from service. He further submitted that the resignation dtd. 7/3/2016 was not accepted by respondent No.2 till 16/4/2016 because there is no communication accepting or rejecting the resignation dtd. 7/3/2016 or any letter relieving the petitioner from service therefore, the resignation dtd. 7/3/2016 cannot be stated to be accepted by the respondent. Since the resignation is not accepted, the petitioner is required to be treated as continued on service and, therefore, the letter dtd. 21/4/2016 relieving him from job is an order in nullity. In relation to the cheque accepted by the petitioner towards full and final settlement, he stated that it was accepted to meet with the daily needs of his family.