STATE OF U P Vs. SUKHMAL JAIN

JUDGEMENT

(1.) -This petition has been filed by the State of U. P. challenging the validity and correctness of the award dated 24.1.2000 passed by the Labour Court (II) U. P., Meerut.

(2.) THE backdrop of the case is that respondent No. 1, Dr. Sukhmal Jain was appointed on 19.8.1974 as an Assistant Medical Officer in the department of Medical Health and Family Planning. He was a temporary employee. He was involved in a criminal case under Section 302, I.P.C., was arrested by the police on 30.7.1975 and was placed under suspension vide order dated 8.9.1995. Subsequently, he was acquitted of the charge. After acquittal he was reinstated on 21.2.1997 and was posted as Medical Officer Incharge at the Primary Health Centre, Maho, district Aligarh by the Director Medical Health and Family Planning Welfare, U. P., Lucknow, vide order dated 7.5.1977. THEreafter respondent No. 1 by letters dated 11.5.1977 and 12.5.1977 directed him to submit his joining before the Deputy Chief Medical Officer (Health), Aligarh.

(3.) THEREAFTER respondent No. 1 gave legal notice on 22.7.1988 annexing thereto an alleged letter dated 25.1.1982 written to the Director Medical Health and Family Welfare, U. P., Lucknow, that he wants to withdraw his resignation tendered on 25.7.1977 alleging that the C.M.O., Meerut had informed him that his resignation was not accepted by the Government/Head of the department.