UMESH KUMAR SONI Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2005-2-68
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on February 01,2005

Umesh Kumar Soni Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

ASHOK PARIHAR, J. - (1.) PETITIONER has challenged the order dated 21.11.1995, passed by respondent No. 1 under Section 12(5) of the Industrial Disputes Act, 1947 refusing to refer the dispute in regard to termination of services of petitioner only on the ground that there has been a charge of theft and the resignation tendered by the petitioner having been accepted by the management.
(2.) AFTER hearing counsel for the parties, I have carefully gone through the material on record. As has come on record, a resignation was submitted by the petitioner on 24.02.1995 and the same was accepted immediately. It has been submitted by the petitioner that on the very same day the petitioner protested against the action of the management in getting the resignation by force on threat of the security guards. However, written protest was also made to the management on 28.02.1995 with the prayer for taking the petitioner on duty and thereafter, complaint was submitted before the Conciliation Officer on 08.03.1995.
(3.) THE management, on the other hand, has submitted that there has been a charge of theft of travelling cheque and for that reason, the petitioner submitted his resignation on 24.02.1995 and the same was accepted by the management immediately. The decision taken by the respondent Labour Department on administrative side hardly call for the interference of this Court.;


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