MANAGING DIRECTOR-CUM-MILK COMMISSIONER, HARYANA DAIRY DEVELOPMENT CORP LTD Vs. MADAN LAL DUTTA, MECHANIC TRANSPORT AND ORS

JUDGEMENT

(1.) This is a Letter Patent Appeal against the judgment of the learned Single Judge, who had allowed the writ petition of Shri Madan Lal Dutta, now respondent in the present appeal.

(2.) Brief facts of the case are that Madan Lal Dutta (writ petitioner), was appointed on 15th February, 1973, as Mechanic Transport, in the scale of Rs. 140-225. According to the writ petitioner, he was promoted as Mechanic Transport in the pay scale of Rs. 200-400, on 5th of November, 1973. It is further alleged that on 31st December, 1973, the petitioner put in his resignation but on 3rd of January, 1974, he gave an application for withdrawing his resignation. The Manager of the Haryana Dairy Development Corporation Limited, passed an order on 5th of January, 1974, copy whereof has been attached as Annexure P-4 to the writ petition, the said order reads as under :-

(3.) Learned counsel for the appellant has submitted that, in fact, the resignation of the writ petitioner stood accepted and vide order Annexure P-4, which has already been quoted above, it was a fresh appointment which had been given to the writ petitioner and he was to be tired for one month and if he could show his worth, he would have continued. Since, according to the learned counsel, the work of the writ petitioner had not been found upto the mark, he was not allowed to continue after 4.2.1974. He drew our attention to communication dated 12.1.1974, addressed to the writ petitioner by the Manager of the Milk Plant that he had not attended to the repair of a Matador, which required urgent repairs and the petitioner was duly informed about it. It was mentioned in the communication that no improvement in the work was being shown by the writ petitioner. The counsel for the appellant highlighted one more fact that the writ petitioner had issued a demand notice after his services has been terminated and the matter was taken up by the Labour and Conciliation Officer, under the Industrial Disputes Act. The Labour and Conciliation Officer observed as under :-