K JAYAPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner for the issue of certiorarified mandamus, to call for the records relating to the order of the first respondent dated 5. 1. 2001 bearing no. L-12012/338/2000/ir (B-I) and to quash the same and consequently direct the first respondent to refer the dispute of the petitioner for adjudication before the appropriate Central Government Industrial Tribunal, Chennai.

(2.) THE short facts which require for the disposal of the writ petition are as follows: THE petitioner has joined the services of the third respondent/bank as a clerk in the year 1985. Initially, he was working at pannur, Chitoor District, Andhra Pradesh. THEreafter, he was transferred to chennai and he was working in the local Head Office of the Management. In the year 1994, he developed certain mental problem which could not be diagonised by the Medical Officer of the Bank in spite of him undergoing several tests suggested by them. THE disease got aggravated during the year 1995 and it had gone beyond his control during the year 1996. THErefore, he has applied for medical leave during the year 1996 and he was attending duty only intermittently.

(3.) THE counter affidavit has been filed by the third respondent wherein it has been set out that the petitioner submitted his resignation letter on 21. 11. 1996 for personal reasons. THE petitioner was thereafter counselled against the resignation letter but it did not yield any result and again the petitioner has submitted another letter dated 13. 01. 1997 ie. , after two months of the first letter. THE same has been accepted and the petitioner was relieved on 12. 2. 1997.