DALIP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition was admitted on 17.09.1987. The petitioner was employed with the respondents as a turner on 5.8.1975 on a permanent job. His last pay drawn was Rs. 850/- per month. According to the averments made in the petition, he was forcibly made to sign on a resignation letter against his wishes and consent. Actually, the respondents wanted to terminate the services of the petitioner as he was rendered unfit to do the job that he was earlier doing. In these circumstances, the respondents would have to put the petitioner on a light job. Instead of adopting this humane approach the respondents compelled him to resign. He served a Demand Notice on 17.12.1986. The Conciliation Officer summoned both the parties for reconciliation. Since the matter could not be reconciled, he gave the necessary failure report. On receipt of the Failure Report respondent No. 1 has refused to make a reference by order Annexure P-3 dated 6.3.87. The aforesaid order reads as under;-

(2.) The respondents have filed a written statement, it is stated that the petitioner voluntarily resigned from the job because of weak eyesight. The resignation of the petitioner was accepted and he was paid all sums of money which were due to him including the cheque worth Rs. 11000/- which he got encashed on 17.6.1986.

(3.) Mr. Bhandari submits that aforesaid action of the respondents is clearly contrary to law laid down by the Supreme Court in a number of cases. Mr. Sharma submits that the petitioner, having voluntary resigned from the job and having accepted the full and final payment, cannot now be permitted to take the plea that he had not voluntarily resigned. He further submits that respondent No. 1 has not committed any error of jurisdiction by passing the impugned order, Annexure P-3.