SHUBHANGI SOPANRAO BHOSLE Vs. A.D. DESHPANDE

JUDGEMENT

(1.) THIS Writ Petition is filed by the workman seeking to challenge the Award passed by the IXth Labour Court on 13th September 1989, rejecting the Reference (IDA) No. 36 of 1986. In the above circumstances, the workman has filed the present Petition. She claims reinstatement with back wages.

(2.) AT the outset, it may be mentioned that the respondents and their Advocate have chosen to remain absent despite notice. Affidavit of service has been taken on record.

(3.) MRS . D'Souza, the learned Advocate appearing for the petitioner submitted that the letter of resignation dated 13th December, 1984 was addressed by the petitioner because she was continuously harassed by Mr. Sawant, the Honorary Secretary. She further submitted that even earlier she had tendered her resignation which is indicative of the fact that she was under mental pressure. She also pointed out that 13th December, 1984 was a Thursday. On account of mental pressure she said in the letter that she will not attend duty on and from Monday 16th December, 1984 (it should be 17th December, 1984). This letter was accepted on 15th December, 1984 which was a Saturday. - Nonetheless, it is clear as rightly submitted by the learned Advocate for the petitioner that the resignation was to come into force from Monday i.e. 17th December, 1984. In the above circumstances, it is contended that the petitioner was entitled to withdraw the resignation on Saturday 15th December, 1984 which she did. She also submitted that in the present case, no enquiry was made by the employer with regard to the alleged misconduct or even with regard to the fact as to whether the resignation was voluntary or under coercion. In the present case, the Labour Court erred in rejecting the contention of the petitioner that she had withdrawn her resignation before the resignation came into force; that she was under mental stress on account of her being harassed over the period of time and that finally her withdrawal was effective on and from 15th December, 1984, particularly because she had gone to the Chairman with the letter of withdrawal (Exhibit -B) dated 15th December, 1984 which was a Saturday and the Chairman had asked her to come and see him with the letter on Monday i.e. 17th December, 1984.