JILA SAHAKARI KENDRIYA BANK Vs. ALEEMUDDIN ANSARI

JUDGEMENT

(1.) Heard on the question of admission. This petition which though filed under Article 226 and under Article 227 of the Constitution of India, but it is essentially a petition under Article 227 of the Constitution of India.

(2.) The petitioner has filed this petition challenging the order dated 4-7-2011 passed by M.P. State Co-operative Tribunal, Bhopal (for short "the Tribunal") in F.A. No. 162/2007 affirming the order dated 7-9-2007 passed by the Joint Registrar, Ujjain.

(3.) The respondent who was employee of the petitioner since 1966 submitted a letter of resignation from service on 31-1-1977 making it effective from 1-4-1977. The said letter of resignation was accepted by the petitioner vide order dated 28-3-1977. Thereafter, the respondent submitted an application for taking back him in service. His prayer was accepted by the petitioner vide order dated 20-9-1979 and he was taken back in service treating him in service w.e.f. 1-4-1977, i.e., the date when the resignation was made effective. As regards salary of the period from 1-4-1977 to 20-9-1979 it was ordered that since he did not work from 1-4-1977 to 20-9-1979 he will not be entitled for any salary of the said period on the principle of "no work no pay".