OP STORES LIMITED Vs. MEENAKSHI MILLS THOZHILALAR CO I THE ASSISTANT COMMISSIONER OF LABOUR MADURAI II K RENGARAJAN

JUDGEMENT

(1.) THE petitioner was an employer of the second respondent within the meaning of the Tamil Nadu Shops and Establishments Act, 1947, hereinafter referred to as 'the Act'. On the basis that the second respondent tendered a letter of resignation on 25th February 1980, the petitioner by order dated 26th February 1980 relieved the second respondent from services on 27th February 1980, accepting the resignation. THE second respondent moved the process under Section41(2) of the Act before the first respondent. Before the first respondent, on the contentions put forth by the parties, the following points arose for consideration :- 1. Whether the appeal petitioner actually tendered any resignation letter and whether the resignation letter dated 25th February 1980 is a genuine one or a forged one "

(2.) WHETHER the appeal is entertainable under the Tamilnadu Shops and Establishments Act "

(3.) WHETHER the appellant is entitled to the relief prayed for " 2. On point No. 1, the first respondent held that the letter of resignation dated 25th February 1980 was only a forged document and was not signed by the second respondent. On point No. 2, the first respondent held that the appeal by the second respondent is entertainable. On point No. 3, the finding of the first respondent has gone in favour of the second respondent. As a result, on point No. 4, the first respondent held that the order of the petitioner dated 26th February 1980 relieving the second respondent from services from 27th February 1980 was tantamount to dispensing with the services of the second respondent without reasonable cause, and as a consequence, the first respondent set aside that order of termination. The petitioner is challenging the order of the first respondent in this writ petition.