KALYANSINGH BHOJUSINGH GADHVI Vs. PRINCIPAL, SARVAJANIK KELAVANI MANDAL

JUDGEMENT

(1.) The petitioner, being aggrieved by the award dated 15th January, 1998 passed by the learned Presiding Officer, Labour Court, Kalol in Reference (LCK) No.24 of 1988, is before this Court under Article 227 of the Constitution of India with a submission that the learned Court below erred in rejecting the reference.

(2.) The short facts necessary for disposal of the present Writ Application are that the petitioner, who was working as a bus driver with the respondent-institution, came to the learned Labour Court with a submission that he was illegally retrenched and when he went back to the employer for work, he was not allotted any work. The employer came to the Court with a submission that under Exhibits 11/1 and 11/2 (Final Exhibit Nos.18 and 19), the workman had tendered his resignation; it was tendered in April, but, the workman was terminated from the services with effect from 1st June and on that very day, all his dues were cleared off. It was submitted before the Court that present is not a case of retrenchment or illegal removal.

(3.) During the course of examination, the present petitioner-workman was shown Exhs.11/1 and 11/2 and he admitted that these two documents were containing his initials, namely, "K.B.G." He also admitted that while receiving the money in lump sum, he had affixed some thumb impression on the payment voucher. On the basis of these documents and the admissions made by the workman, the learned Court below recorded that the workman had voluntarily resigned.