MUKESH SINGH Vs. FOOD CORPORATION OF INDIA
LAWS(MPH)-2021-2-50
HIGH COURT OF MADHYA PRADESH
Decided on February 08,2021

MUKESH SINGH Appellant
VERSUS
FOOD CORPORATION OF INDIA Respondents

JUDGEMENT

V.K.SHUKLA,J. - (1.) The present intra court appeal is filed under Section 2(1) of M.P. Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005, being aggrieved by the order dated 20-12-2016 passed by the learned Single Judge in W.P. No.12734/2016 (Mukesh Singh Vs. District Manager, Food Corporation of India) , whereby the writ petition filed by the appellant has been dismissed.
(2.) The appellant filed writ petition under Article 226 of the Constitution of India against the award dated 14-07-2009 passed by the Central Government Industrial Tribunal cum Labour Court, whereby the reference of the industrial dispute as to "whether the action of the management of Food Corporation of India in not considering the request of Mukesh Singh S/o Shri Hindu Singh for reinstatement in service is legal and justified? If not, to what relief he is entitled?" has been answered against the appellant.
(3.) The facts giving rise to the dispute briefly are that the appellant employed as Messenger with the Food Corporation of India. On 16-01- 1989, the appellant tendered his resignation with a request that the same be effective from 18-04-1989. The reason which was mentioned for resignation was "adverse domestic circumstance/affair". On receipt of the resignation letter, the competent authority, District Manager having found that there were dues to the tune of Rs.3400/- informed the appellant vide communication dated 06-02-1989 to deposit the amount and only thereafter his resignation will be accepted. The appellant availed earned leave from 27-03-1989 to 12-04-1989, thereafter joined on 13-04-1989 and in pursuance to communication dated 06-02-1989, deposited the dues with interest vide money receipt No.756 dated 17-04-1989. The resignation tendered by the appellant was accepted on 17-04-1989.;


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