- (1.) Leave granted.
(2.) This appeal is directed against the final judgment and order dated 04.10.2008 passed by the High Court of Punjab & Haryana at Chandigarh in Letters Patent Appeal No. 48 of 2008 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant-Company herein and confirmed the order of the learned Single Judge in Civil Writ Petition No.11450 of 1995.
(3.) Brief facts: (a) In the year 1977, Kitab Singh respondent herein was employed by the appellant-Company on piece rate basis in the Packing Department. On 28.11.1988, respondent was charge- sheeted for committing theft of goods belonging to the appellant-Company for which a written explanation dated 12.10.1989 was submitted by the respondent seeking pardon and assuring that he would not indulge in any such misconduct in future. This was accepted by the appellant-Company. (b) On 01.10.1992, respondent submitted his resignation citing domestic circumstances and the appellant-Company accepted the resignation on the same day. (c) On 07.10.1992, respondent wrote a letter to the Chief Minister of Haryana, leveling certain allegations against the management of the appellant-Company. In that letter, he alleged that on 30.09.1992, in the evening after finishing his duty, when he went to the puncture shop outside the factory to collect his scooter, which he had left in the morning, the security guard accused him of taking stolen goods in a bag. He further alleged that he was beaten up, given electric shock and forced to write the resignation letter and thereafter, left him in his home in an unconscious condition. It was further stated in that letter that when the respondent had gone to the factory in the morning of 01.10.1992, he was not allowed to enter. (d) Respondent sent a notice dated 13.10.1992 to the appellant-Company stating that when he went to attend duty on 01.10.1992, the security officer refused to enter him and he had not been given compensation under Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") and that he should be reinstated with continuity of service. (e) The State Government, vide letter dated 11.01.1993, rejected his request for a Reference on the ground that he himself had resigned from the job after submitting resignation. (f) Aggrieved by the said reply, respondent filed a Writ Petition being CWP No. 10642 of 1993 before the High Court praying for referring the dispute to the Labour Court. The High Court allowed the same with a direction to the State Government to refer the matter to the Labour Court for adjudication. (g) On 21.04.1994, respondent filed a Claim Statement before the Labour Court alleging that he had not resigned and that he should be ordered to be reinstated on duty with continuity of service and back wages. (h) Appellant-Company filed a written statement stating, inter alia, that respondent is not entitled to any relief by way of re-instatement or by way of back wages as he himself resigned from the service. (i) The Labour Court, by order dated 02.02.2005, dismissed the Reference and the Claim Statement of the respondent. (j) Aggrieved by the said order, on 07.08.1995, respondent filed a Petition being Civil Writ Petition No. 11450 of 1995 before the High Court. Learned single Judge, by order dated 09.01.2008 set aside the Award of the Labour Court and directed the appellant-Company to reinstate the respondent in service with 25% back wages. (k) Not satisfied with the order of learned single Judge, on 07.02.2008, the appellant-Company filed a Letters Patent Appeal No. 48 of 2008 before the Division Bench of the High Court. By judgment dated 04.10.2008, the Division Bench dismissed the said Appeal. (l) Being aggrieved, the appellant-Company preferred this appeal by way of special leave. ;