APARESH KUMAR SINGH, J. - (1.) Heard counsel for the petitioner and the Respondents.
(2.) By the impugned order dated 01.08.2012 (Annexure-12), the Ministry of Labour, Government of India has refused to refer the dispute raised by the petitioner for adjudication for the following reasons. "The workman tendered his resignation vide application dated 29.4.2008 and the same was accepted by the Competent Authority w.e.f 30.5.2008 vide order dated 24.10.2008. Hence, the dispute is not deemed fit for adjudication." Annexure-5 dated 30.03.2009 is the application of the petitioner seeking reference of the industrial dispute.
(3.) After acceptance of resignation with effect from 30.05.2008 pursuant to application dated 29.04.2008, the Respondent employer proceeded to settle the post retirement dues of the petitioner by letter dated 15.05.2009 (Annexure-6) and 25.05.2009 (Annexure-7) as well which has prompted the petitioner to raise an industrial dispute. Conciliation proceedings before the Assistant Labour Commissioner (Central), Dhanbad commenced and ended in failure. Petitioner neither before the Conciliating Authority nor before this Court, has brought on record any material to support the allegation that his resignation was procured by any particular person by resorting to any undue influence or fraud or coercion, etc. There are no complaints against any individual before any authority. Petitioner has relied upon the case of Telco Convoy Drivers Mazdoor Sangh and another v. State of Bihar and others [(1989) 3 SCC 271] para-11 thereof in support of his case.;