LOK NATH ATTRI Vs. STATE OF H P

JUDGEMENT

(1.) Notice. Learned Advocate General appears and waives service of notice on behalf of respondents No. 1 and 2. In the facts and circumstances of the case, the matter is taken up for hearing today.

(2.) This petition is filed by the petitioner for appropriate relief directing the respondents 1 and 2 to make a reference under the Industrial Disputes Act, 1947, (hereinafter referred to as the "Act") by quashing and setting aside the order passed by the Labour Commissioner, H. P., Shimla (Annexure-PD) dated September 21, 1998.

(3.) The case of the petitioner was that he joined services with Mohan Meakin Ltd., Solan respondent No. 3 hereinabove on April 21, 1965. December 4, 1995 was last date of nomination fixed for the election of Zila Parishad. The election was scheduled to be held on December 18, 1995. The petitioner was compelled to submit predated resignation to the Secretary of respondent No. 3 so that he can contest the election. Accordingly, on December 6, 1995, he submitted the resignation which was nothing more than mere formality.