C.K. Thakker, J. - (1.) This appeal is filed by the appellant against the judgment and order passed by the Division Bench of the High Court of Karnataka on January 28, 2002 in Writ Appeal No. 5500 of 1998 confirming the order passed by learned single Judge on September 07, 1998 in Writ Petition No. 26090 of 1993.
(2.) To appreciate the points raised in the appeal, few relevant facts may be stated. The appellant was selected by the Chairman and Managing Director of Bharath Earth Movers Limited (Company for short) respondent herein, and was appointed as Senior Manager in the Department of Security and Vigilance for KGF by an order dated December 11, 1989. He reported for duty on December 29, 1989. By an order dated December 03, 1992, the appellant was transferred to Corporate Office at Bangalore and was relieved on December 04, 1992. The appellant reported at Corporate Office. Bangalore on December 07, 1992. It was his case that he was not assigned any work at Bangalore. The appellant, in the circumstances, got upset and tendered a letter of resignation on January 04, 1993. In the said letter, he stated that he was thankful to the Chief Managing Director for giving him an opportunity to serve the esteemed organization but he wanted to leave the Company. He therefore, requested to treat the letter as his resignation and relieve him from the duties as per Company rules. On the basis of the said letter, the matter was processed and the resignation was accepted by Deputy General Manager (Personnel) on the same day. The appellant was informed that his resignation had been accepted and he would be relieved with immediate effect. It was also stated that the appellant would be entitled for pay towards notice period as per Company rules. By another letter of even date, however, the appellant was informed that his casual leave had been sanctioned from January 05, 1993 to January 13, 1993. January 14, 1993 being a holiday, the appellant would be relieved by the close of working hours on January 15, 1993. It was also stated that the appellant would be entitled for pay towards the balance of notice period as per Company rules.
(3.) It is the case of appellant that from the second letter dated January 4, 1993, it was clear that the resignation submitted by him was to be effective from January 15, 1993 after office hours. During that period, the appellant changed his mind and withdrew his resignation by addressing a letter on January 08, 1993. In the said letter, he made several complaints and raised grievances and finally stated that if suitable reply would not be given by January 14, 1993, his letter of resignation dated January 04, 1993 should be treated as withdrawn/cancelled. On January 15, 1993 the appellant was informed that he would be relieved after office hours on that day. The service certificate in original alongwith a cheque of Rs. 13,511/-was given to him. Since the appellant had withdrawn his resignation on January 08, 1993, the Company could not have accepted it and ought to have continued him in service. But the appellant was not allowed to work after January 15, 1993. He, therefore, approached the High Court of Karnataka by filing a writ petition. The learned single Judge observed in the order that since the appellant had submitted his resignation on January 04, 1993 and it was accepted on the same day by the Company, by not continuing him in service, no illegality had been committed by the Company. Accordingly, the petition was dismissed. The Division Bench was of the same opinion and dismissed the appeal. Being aggrieved by the orders passed by the High Court, the appellant has approached this Court. Notice was issued on August 16, 2002 and after hearing the parties, leave was granted on February 17, 2003. ;