(1.) RULE. Rule made returnable forthwith and heard finally with the consent of the learned counsel for the parties.
(2.) BOTH these petitions are being disposed of together in as much as they arise out of the same set of judgements rendered by the Labour Court and the industrial Court at Jalgaon.
(3.) INDISPUTABLY, the employee (Tukaram) was initially appointed as Peon in Municipal school. The employee (Tukaram) allegedly committed misappropriation of Rs. 32,000/after he was promoted and was working as a Junior Clerk on establishment of the Municipal school. He allegedly tendered resignation on 10th july, 1993 due to the detection of such misappropriation. There is no dispute about the fact that he deposited the amount, which was allegedly misappropriated. The respondent lateron resiled and approached the Labour Court with complaint (ULP) No. 44/1995 alleging that his resignation was obtained by the superior officers under duress. He alleged that he was compelled to plead guilty to the charge of misappropriation and his apology in writing alongwith resignation were procured from him. He contended that the resignation is nonest due to the undue influence exercised by the concerned officers of the Municipal Council.