NAND KESHWAR PRASAD Vs. LABOUR COURT

JUDGEMENT

(1.) The petitioner who was an employee of the Indian Farmers Fertilizer Co-operative Limited, Allahabad, hereinafter referred to as 'IFFCO' has challenged by this petition under Article 226 of the Constitution the award of the Labour Court dated June 16, 1985 in Adjudication Case No. 543 of 1984.

(2.) The controversy in this case relates to the resignation submitted by the petitioner to the employers dated September 28, 1983 to be ef-fective from January 22, 1984 and the question which arises for consideration is as to whether the resignation could be withdrawn in the facts and circumstances of the case and on that basis the acceptance of the employers to treat the petitioner's services being terminated with effect from January 22, 1984 would be valid or not.

(3.) The petitioner was employed with respondent No. 2 as Printing Machine Operator. There were serious charges of misconduct of theft, against the petitioner and a disciplinary action was in contemplation. The petitioner apprehending the aforesaid action submitted a letter of resignation on September 28, 1983 purporting to be effective from January 22, 1984. The respondent No. 2 decided to accept the resignation instead of proceeding with the departmental enquiry and it was informed by letter dated September 30, 1983 that the resignation is accepted with effect from January 22, 1984. However, the petitioner was informed that his wages for the period up to January 22, 1984 are being deposited in his account and he need not attend his duties from October 1, 1983 onwards. The petitioner by letter dated October 1, 1983 informed that the resignation letter had not been voluntarily written and he was forced to tender the resignation and was also forced to receive the acceptance letter and was not allowed to resume his duties. According to the petitioner this action was taken on account of his active participation in the union activities.