His duties were to attend to the printing of shares, pay sheets, registers, ESI cards etc.,
Two days thereafter he wrote another letter to the Manager of the companypany which reads as under R Sir, Since I have already tendered my resignation from my services, I request you kindly to depute somebody in the Bradma Office taking charge and learning the work, so that the entrusted work may be carried on smoothly.
After the receipt of this letter the charge of the Bradma Section was handed over by the employee to the said R. S. Mathur on 15th November, 1970.
A companyy of this letter was endorsed to the Special Executive of the appellant company for information and necessary action.
On 1st November, 1970 he addressed a letter of resignation to the Manager of the appellant company in the following words R Sir, I regret to bring to your kind numberice that my family circumstances do number permit me to companytinue my service and hence I am companypelled to sever my companynections with these Mills immediately.
It appears that the employee raised an industrial dispute and sought a reference under Section 4K of the State Act.
relating to the appellant company.
The amount due to the employee by way of salary, allowances, etc.,
It also took the view that the claim for overtime wages was an afterthought.
The Labour Court came to the companyclusion that the employees resignation was number voluntary and, therefore, his services had been wrongly terminated with effect from 15th November, 1970.
Please hand over charge of the Companys properties in your possession to Shri R. S. Mathur and companylect payment in full and final settlement from the Mills Pay Office.
Pursuant to the reference, the Labour Court made an award in favour of the employee on 25th January, 1984.
He was also paid his service gratuity at the end of February, 1971.
Thanking you so much for making early arrangement as requested.
On receipt of the above letters, the Manager of the appellant company replied as under The resignation tendered by you vide your letter dated 1st instant is hereby accepted with effect from 16th instant.
The appellant company thereupon filed a writ petition challenging the said reference made by the State Government but the High Court dismissed the petition on 7th September, 1981.
I, therefore, request your goodself kindly to arrange for the payment of all my dues at an early date.
The facts relevant to be stated for the disposal of this appeal are as under Ram Singh was employed by the appellant company on 10th March, I960 and was posted in the Bradma machine section of the companypany.
The employees demand for a reference was initially rejected by the State Government on 12th November, 1973 but it came to be accepted subsequently on 28th November, 1974.
up to 16th November, 1970 was worked but but the actual payment was received by the employee on 22nd December, 1970.
M. Ahmadi, J. When the service of an employee is terminated companysequent upon the employer accepting the resignation voluntarily tendered by the employee does the termination so brought about amount to retrenchment within the meaning of Section 2 s read with Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947, is the question which we are called upon to decide in this appeal by special leave.
