- (1.) HEARD Shri Papinwar, learned counsel for petitioner. Respondent No. 2 though served, remained absent. The writ petition is directed against the judgment and order dated February 15, 1999 passed by the Member, Industrial Court, Amravati in Complaint (ULP) No. 143 of 1996 whereby the complaint filed by the present petitioner under Item 9 Rule 4 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 was dismissed
(2.) SHRI Papinwar, learned counsel for petitioner submitted that petitioner was serving as an Engineer in the Department run by respondent No. 2. The petitioner, while he was in the employment of respondent No. 2, has submitted application for voluntary retirement, dated May 17, 1995 and requested the respondent No. 2 to allow him to retire from service w. e. f. August 17, 1995. The learned counsel further submitted that the petitioner therefore changed his mind and decided to revoke/cancel his application for voluntary retirement dated May 17, 1995 and therefore submitted another application dated July 24, 1995 by which he has withdrawn the voluntary retirement letter/application dated May 17, 1995. It is submitted that the respondent No. 2 has received both the applications of the petitioner. However, the respondent No. 2 ignored the application dated July 24, 1995 while passing the order dated November 1, 1995 passed by the respondent No. 2 taking into consideration application for voluntary: retirement dated May 17, 1995 and there is not even a whisper in the order dated November 1, 1995 about the application dated July 24, 1995 by which the petitioner has revoked his request for voluntary retirement dated May 17, 1995.
(3.) THE learned counsel submitted that the above referred factual aspect of submitting application for voluntary retirement dated May 17, 1995 requesting respondent No. 2 to allow, the petitioner to retire w. e. f. August 17, 1995 as well as submission of another application dated July 24, 1995 by which the petitioner has revoked the request of voluntary retirement dated May 17, 1995, receipt of the above referred application by respondent No. 2 and passing order of accepting the permission to retire voluntarily, dated November 1, 1995 is not disputed by any of the parties.;