MUKESH SINGH Vs. DIRSTRICT MANAGER

JUDGEMENT

(1.) With consent of learned counsel for the parties, the matter is heard finally.

(2.) This petition under Art. 227 of the Constitution of India is directed against the award dated 14.7.2009 passed by the Central Government Industrial Tribunal cum Labour Court, whereby the reference of the industrial dispute as to "whether the action of the management of Food Corporation of India in not considering the request of Shri Mukesh Singh S/o Shri Hindu Singh for reinstatement in service is legal and justified? If not, to what relief he is entitled? " has been answered against the petitioner

(3.) The facts giving rise to raising of dispute briefly are that the petitioner employed as messenger with the Food Corporation of India. On 16.1.1989 petitioner tendered the resignation with a request that the same be effective from 18.4.1989. The reason which mentioned therein (Ex. M/3) were "adverse domestic circumstance/affair ". On receipt of the resignation letter, the competent authority, District Manager having found that there were dues to the tune of Rs.3400.00 informed the petitioner vide communication dated 6.2.1989 to deposit the dues and only thereafter his resignation will be accepted. The petitioner availed earned leave from 27.3.1989 to 12.4.1989; thereafter joined on 13.4.1989 and in compliance to communication dated 6.2.1989 deposited the dues with interest vide money receipt No. 756 dated 17.4.1989. The resignation tendered by the petitioner was accepted on 17.4.1989.