B.B.GUPTA Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) In the present petition, challenge is to the order dtd. 2/9/1994 (Annexure P/7) by which, the request of the petitioner for withdrawal of resignation and joining back has been rejected as well as to the order dtd. 6/9/1994 (Annexure P/8) vide which the resignation of the petitioner has been accepted by the competent authority of respondent No.2 with retrospective effect despite the fact that the resignation had already been withdrawn by the petitioner prior to the passing of impugned order dtd. 6/9/1999 (Annexure P/8) by the respondent No.2. Further challenge is to the award Annexure P/17 passed by the Labour Court, U.T. Chandigarh.

(2.) Certain facts needs to be mentioned for the correct appreciation of the issue in hand.

(3.) The petitioner joined the services of the respondent No.2 as Apprentice Accountant on 26/4/1973. The said engagement was turned into a regular appointment by respondent No.2 w.e.f. 26/11/1973 and the petitioner continued working as such when he was promoted as Senior Accountant on 5/8/1993. While working on the post of Senior Accountant, the petitioner submitted his resignation on 1/11/1993 by giving one month's notice to respondent No.2 so as to give effect to the said resignation starting from 1/12/1993. The respondent No.2 did not accept the said resignation and requested the petitioner to return back the house building loan first, which was outstanding along with interest against the petitioner. The petitioner's resignation was kept in limbo till the petitioner decided to withdraw the said resignation on 8/8/1994.