B.D.Agarwal, J. - (1.) Respondent No. 3 was an employee of the petitioner engaged to operate Bradma machine. His services were terminated by the petitioner with effect from 16th November, 1970 on the basis of resignation tendered by the respondent dated November 1, 1970. Industrial Dispute being railed, the State Government made reference on November 28, 1974 to the labour court as to whether the termination brought about by the petitioner is valid and proper and, if not, the relief to which the respondent is entitled. Earlier, it appears, the State Government had on 12th November, 1973, declined to refer the matter for adjudication. The petitioner filed Writ Petition No. 11072 of 1975 in which the reference made on November 28, 1974 was challenged on this ground. That petition was dismissed on September 7,1981 by this Court. An award was given by the labour court on January 25, 1984 in favour of the respondent No. 3. The termination of the services of the respondent has been found invalid and direction has been made to reinstate him with full back wages. Aggrieved, the petitioner has preferred this writ petition under Article 226 of the Constitution.
(2.) Learned Counsel for the petitioner urged that the finding of the labour court to the effect that the resignation submitted by the respondent was not his voluntary act and that he should have been taken back in any event with effect from 16th November, 1970, is unsupportable from the record. The submission made is that the stand taken by the respondent in this behalf has been shifting. find merit in this contention.
(3.) On November 1, 1970, the respondent submitted resignation under his hand which reads : "I regret to bring to your kind notice that my family circumstances do not permit me to continue my services and hence 1 am compelled to sever my connections with these Mills immediately. therefore, request your good self kindly to arrange for the payment of all my dues at an early date.";