MANAGEMENT OF ABT LTD. Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The second respondent in the writ petition was employed as a driver in ABT Limited.

(2.) According to the Management, he submitted a letter of resignation dated 30.12.2003. The same was accepted and communication dated 12.01.2004 was sent by the management to the second respondent herein. In the said letter, it was mentioned that the said resignation was accepted with effect from 12.01.2014 and he was relieved from the duty on the same date. Subsequently, the second respondent raised I.D. No. 220 of 2004 before the Labour Court, Tiruchirppalli. He took the stand that he never resigned and that the Management had obtained his signature on some blank paper. Before the Labour Court, the workman examined himself as W.W.1 and one Ayyappan as W.W.2. On his side, Ex.W1 to Ex.W6 were marked. On the side of the Management, one witness was examined and three documents were marked. The Labour Court gave finding that the letter of resignation was actually given by the second respondent herein. However, the Labour Court proceeded to held that there is nothing on record to show that the said resignation was accepted by the Management. In that view of the matter, while giving liberty to the Management to accept the resignation letter of the workman, the Labour Court held that the workman was deemed to be continuous in service. Questioning the said award of the Labour Court, the present writ petition has been filed by the Management.

(3.) Heard the learned Senior Counsel appearing for the writ petitioner/Management and the learned counsel appearing for the second respondent.