Thanking you so much for making early arrangement as re quested.
After the receipt of this letter the charge of the Bradma Section was handed over by the employee to the said S. Mathur on 15th November, 1970.
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.
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.
upto 16th November, 1970 was worked out but the actual payment was received by the employee on 22nd December, 1970.
Pursu ant to the reference, the Labour Court made an Award in favour of the employee on 25th January, 1984.
A companyy of this letter was endorsed to the Special Executive of the appellant company for information and necessary action.
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.
From the Judgment and Order dated 16.10.1985 of the Allahabad High Court in C.M.W. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No, 307 of 1987.
The appel lant 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.
relating to the appellant company.
It appears that the employee raised an industrial dispute and sought a reference under Section 4K of the State Act.
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 serv ices, 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.
The amount due to the employee by way of salary, allowances, etc.,
Prithivi Raj, Vishnu Mathut and Ms. S. Dikshit for the Respondents.
He was also paid his service gratuity at the end of February, 1971.
The Judgment of the Court was delivered by 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.
B. Pai, Ms. Urmila Kapoor and S. Janani for the Appellant.
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, 1960 and was posted in the Bradma machine section of the companypany.
3689 of 1984.
On 1st November, 1970 he addressed a letter of resignation to the Manager of the appellant compa ny in the following words R Sir, I regret to bring to your kind numberice that my family circum stances do number permit me to companytinue my service and hence I am companypelled to sever my companynections with these Mills imme diately.
His duties were to attend to the printing of shares, pay sheets, registers, ESI cards etc.,
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.
