LAWS(MAD)-2020-11-270

P. VENKATESH Vs. MANAGEMENT

Decided On November 04, 2020
P. VENKATESH Appellant
V/S
MANAGEMENT Respondents

JUDGEMENT

(1.) The prayer sought for herein is for a Writ of Certiorari, to call for the records from the files of the second respondent in ID. No. 76 of 2013 and quash its Impugned Award made therein dated 13.05.2014.

(2.) The petitioner was an employee of the first respondent / Management. The petitioner and the Management seems to have some misunderstanding, due to which, according to the first respondent, the petitioner had voluntarily given resignation and the said resignation having been accepted the full settlement has been made in favour of the petitioner / employee. Having receipt of the same, the petitioner cannot turn around and state that, he was not given the voluntary resignation dated 22.04.2013.

(3.) However, the case of the petitioner is that, the said resignation was not voluntarily given by the petitioner and it was forcibly taken from the petitioner by the two Managerial staff namely, the Technical Director viz., Nandakumar and the Director viz., Bharath and according to the petitioner, they threatened the petitioner to give voluntary resignation. Therefore, the said resignation cannot be construed as a voluntary resignation.