BLINDMENS ASSOCIATION Vs. MAFATLAL M PATEL

JUDGEMENT

(1.) Shri V.M.Pancholi, learned counsel for the petitioner; Shri A.K. Clerk, with Shri Mahendra K Patel, learned counsel for the respondent.

(2.) The petitioner Society, being aggrieved by the award dated 19.5.2000 passed by the learned Labour Court, Ahmedabad, in Reference [LCA] No. 728 of 1988, is before this Court under Article 227 of the Constitution of India, with a submission that the Court below erred in directing reinstatement of the respondent with 100% back wages and benefits of continuity of service.

(3.) The short facts necessary for disposal of the present writ application are that the present workman, as alleged, tendered his resignation on 30.11.87 in view of his involvement in stealthily selling certain raw material used for making incense sticks. The resignation was accepted on 1.12.87. Almost after about 9 days of the acceptance of the resignation, the workman started writing to the petitioner Society that the resignation was obtained under pressure, coercion and duress and as such, the resignation was not binding against his interest. It also appears that in view of the criminal activity in which the workman was involved, he was ordered to be prosecuted.