(1.) By this writ application under Article 226 of the Constitution of India, the writ applicant, a former Laboratory Assistant, has prayed for the following reliefs;
(2.) The case of the writ applicant may be summarized as under;
(3.) Mr. Desai, the learned counsel appearing for the writ applicant, vehemently submitted that assuming for the moment that the management accepted the resignation before the expiry of the notice period of 90 days, it was still open for his client to withdraw the resignation. The acceptance of the resignation by the management before the expiry of 90 days, by itself, would not be an embargo for the writ applicant to withdraw the resignation. In support of this submissions, Mr. Desai has placed reliance on the decision of the Supreme Court in the case of Balram Gupta vs. Union of India & Anr., 1987 AIR(SC) 2354 and Punjab National Bank vs. P.K. Mittal, 1989 AIR(SC) 1083. Reliance is also placed on the decision of the Supreme Court in the case of Srikantha S.M. vs. Bharath Earth Movers Ltd., 2005 8 SCC 314. Mr. Desai has also placed reliance on the decision of the Supreme Court in the case of Power Finance Corporation Ltd. vs. Pramod Kumar Bhatia, 1997 4 SCC 280. He has also placed reliance on a Division Bench decision of this Court in the case of N.A. Vasava vs. Chief Refinary Coordinator, Letters Patent Appeal No.979 of 1996, decided on 9th July, 1997.