MANAGEMENT OF COMERIN CREPE MILL Vs. G AYYAPPAN

JUDGEMENT

(1.) Questioning the correctness of the order passed in Writ Petition No. 14422 of 1994 the present writ appeal has been filed.

(2.) The first respondent joined the appellant-management in December 1978 as a casual worker. According to the appellant-management the first respondent tendered a resignation on June 4, 1986 and the same was accepted on June 5, 1986. However, it is the case of the first respondent that he did not tender any resignation and that when he went for work on June 5, 1986 he was not permitted to work which prompted him to send a letter, dated June 12, 1986, by registered post putting forth his contention that he never submitted a resignation letter, as alleged by the management and for that letter, the appellant-management did not send any reply. Therefore, a dispute was raised before the Labour Court, Kanyakumari in I.D. No. 66 of 1992.

(3.) The Labour Court, after considering the case of the respective parties, accepted the case of the employer that the employee submitted his resignation and that was validly accepted and there was nothing in the dispute raised by the worker. The Labour Court passed an award rejecting the claim of the worker/first respondent herein: