LAWS(ORI)-2023-4-57

PRABHAKAR MAHALIK Vs. NATIONAL ALUMINUM COMPANY LTD

Decided On April 06, 2023
Prabhakar Mahalik Appellant
V/S
National Aluminum Company Ltd Respondents

JUDGEMENT

(1.) The challenge in the present writ appeal is to an order dtd. 5/11/2019 passed by the learned Single Judge dismissing the Appellant's W.P.(C) No.5416 of 2008, whereby the Appellant had prayed that an order issued by National Aluminum Company Limited (NALCO) on 10/8/2006, accepting the resignation of the Appellant as Charge Man Grade-III of Mines and relieving him from the services of the Company from 10/8/2006 (Afternoon), should be quashed.

(2.) The brief background is that the Appellant submitted a handwritten resignation letter to NALCO on 26/10/2005. The Appellant contends that he was under great stress as a result of his minor son being falsely implicated in the criminal case under Sec. 302 read with Sec. 201 of IPC and being arrested in that case. The Appellant alleges that he was severely beaten by his fellow employees and was therefore, forced to tender the above resignation. Fearing for the safety of himself and his family members, he left the place. After having submitted the above resignation letter, the Appellant applied for leave on 28/8/2005.

(3.) Apparently, the leave application was received by post by the Chief Manager (HRD) of NALCO only on 14/11/2005 and within five days thereafter i.e. on 19/11/2005, the following letter was issued to the Appellant.