- (1.) Leave granted.
(2.) Heard learned counsel for the parties. The appeal is directed against Order dated 25th March, 1992 passed by the Allahabad High Court in Civil Misc. Writ Petition No. 17386 of 1985. By the impugned judgment, the High Court dismissed writ petition assailing the award passed by the Labour Court, Allahabad in Abahi-V No. 43 of 1984. The said proceedings before the Labour Court arose out of a Reference made under Section 4A of U.P. Industrial Disputes Act, 1947 for decision of the question whether it was correct and legal not to take on duty their employee N.K. Prasad, Tachnical/Printing Operator by the employer on 22-1-1984 if not, what gain/relief, the concerned employee is entitled for and with what other detail. By the Award dated 12-6-1985 the Labour Court dismissed the said proceedings inter alia on the finding that the concerned employee had tendered resignation voluntarily which was acted upon by the employer and it was appropriate and legal not to take the said employee on duty by the employer and the said employee was also not entitled to any relief.
(3.) Such award was challenged before the High Court by filing a writ petition which has been dismissed by the High Court. The High Court has indicated that the employee had tendered resignation voluntarily and such resignation had been accepted by the employee who had also forwarded the salary for the period mentioned in the letter of resignation and the concerned employee had also accepted such payment, but had not returned the same even though he disputed the case of voluntary resignation. The High Court was of the view that as the said voluntarily resignation had been accepted the service of the employee had come to an end. Therefore, no interference was called for against the impugned award of the Labour Court.;