R.M. Datta, J. - (1.) This Rule was directed against (1) the Pre siding Officer, Central Government Labour Court at Calcutta, (2) the said Labour Court and (3) the Respondent No. 3 Jitendra Mohan Biswas who had been an employee under the South Eastern Railway until he resigned on January 19, 1971, by his letter of the same date whereby he prayed for the acceptance of his resignation with immediate effect. In compliance with the said request the South Eastern Railway Administration accepted the said resignation.
(2.) By his letter dated January 13, 1975, Biswas applied under Sec. 33C(2) of the Industrial Disputes Act, 1947 and claimed diverse sums and benefits on account of his arrears of remuneration and other dues.
(3.) It is contended on behalf of the Petitioner Union of India representing the South Eastern Railway that the admitted position being that Biswas had voluntarily resigned from his service he had also ceased to be a workman within the meaning of the Industrial Disputes Act, 1947, with effect from January 19, 1971 and as such, he was not entitled to pursue this special remedy provided under Sub -section (2) of Sec. 33C of the Industrial Disputes Act, 1947. Under the circumstances, it is urged that the said Labour Court had no jurisdiction under the Industrial Disputes Act, 1947, to entertain the said application.;