MUKESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra Court appeal has been preferred by unsuccessful petitioner of W.P. No. 1657/2002 passed by learned single Judge on January 30, 2003. Appellant herein had approached the writ Court with a prayer for quashment of the order passed by respondent No. 1 on July 25, 2002, whereby it declined to make reference to the Tribunal under Section 10 of Industrial Disputes Act, 1947 (for short the Act).

(2.) The facts material for deciding the said appeal are mentioned in short as under:

(3.) Appellant was appointed with Food Corporation of India on the post of Messenger by order dated February 4, 1984. His services were confirmed by order dated August 17, 1985 with retrospective effect from February 13, 1985. The appellant herein was suffering from ulcerative colitis and neurosis since December 6, 1988 and was taking expensive medical treatment at M.Y. Hospital, Indore. On account of aforesaid ailment it appeared that he also used to get bouts of depression and was not enjoying sound mental health. Under one of such bouts he tendered his resignation on January 16, 1989 but specifically prayed therein that the same be made effective from April 18, 1989. Before the said effective date, since he had recovered, he had submitted another application with his employer Food; Corporation of India on July 23, 1989 seeking permission for withdrawal of the resignation. The said application was submitted at the office of Food Corporation of India at Ujjain. Despite the said withdrawal being submitted by the appellant, the resignation was accepted by his employer, which was communicated to him vide letter dated August 17, 1989. The appellant was on leave from March 27, 1989 to April 12, 1989 which was also sanctioned by the employer. Since according to the appellant, the resignation tendered by him was withdrawn much before the date it was to be made effective, he should have been allowed to perform his duties on the post of Messenger. He filed an application under Section 10 of the Act before the appropriate Government.