MANAGEMENT Vs. B. HARIHARAN AND OTHERS

JUDGEMENT

(1.) The writ petitioner is a Registered Co-operative Bank. The first respondent herein was working as Assistant in the writ petitioner Bank at Kattuputhur Branch during the relevant period. He was on medical leave from 09.11.1998 to 14.11.1998. He rejoined duty on 16.11.1998 and again applied for medical leave from 25.11.1998 to 19.12.1998. In the mean while, he submitted his resignation letter dated 15.12.1998, stating that he wants to quit due to personal issues. Thereafter, the first respondent did not report for duty.

(2.) The whereabouts of the first respondent were not known. He was also not available in the address where he was lastly residing. The Management issued a letter dated 08.04.1999 to the first respondent directing him to appear before the Managing Director. The said letter was however returned un-delivered. One more letter was sent on 22.04.1999. Thereafter, a letter dated 15.05.1999 was received from the wife of the first respondent requesting reinstatement. In these circumstances, the Management informed the first respondent by a communication dated 13.01.2007, that his resignation letter was deemed to have been accepted with effect from the date when it was submitted.

(3.) Thereafter, the first respondent raised an industrial dispute. It was taken on file as I.D.No.30 of 2009 on the file of Labour Court, Tiruchirapalli. The first respondent examined himself as W.W.1 and also marked as many as 57 documents. On the side of the Management also a witness was examined and a documents were marked. The Labour Court, by award dated 28.08.2014, held that since the first respondent herein reached the age of superannuation on 31.01.2011, he would be deemed to have retired on the said date. The Management was directed to pay back wages for the period from 12.03.2000 to 31.01.2011and also confer other benefits. Aggrieved by the said award, the Management has filed the present writ petition.