NARMADA CEMENT COMPANY LIMITED Vs. B M PANDYA

JUDGEMENT

(1.) Mr.Nirav Joshi, learned counsel for the petitioner for Nanavati Associates and Mr.K.D. Pandya, under the authority of Mr.Mukesh H.Rathod, learned counsel for the respondent.

(2.) The employer, being aggrieved by the impugned Award dtd.10/2/1988 made by the Presiding Officer, Labour Court, Anand in Reference (LCA) No.1067 of 1992 (Old No.58 of 1992), is before this Court with a submission that the learned court below was unjust in holding that the resignation was secured from the employee under duress, pressure or coercion.

(3.) Short facts necessary for disposal of the present writ application are that according to the case of the petitioner management, the present respondent workman tendered his resignation on 21/3/1991, the said resignation was accepted by the petitioner management on 27/3/1991 and was to become effective from 31/3/1991. The letter of acceptance was communicated to the respondent and the said letter was received by the respondent on 8/4/1991. According to the petitioner management, the matter was referred to the Conciliation Officer. The petitioner says that the respondent workman stated before the Conciliation Officer that he had withdrawn the resignation letter, but on being asked to produce the withdrawal letter, the respondent workman could not produce a copy of the said letter.