Judgment

SHELAT, J.: This appeal by special leave, is directed against the award of the Labour Court, Delhi in a reference made to it under Section 17 (2) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (referred to hereinafter as the Act.)

2. The relevant facts leading to the said reference may first be stated.

3. By its letter dated 16-1-1953 the appellant-company appointed the respondent as a staff correspondent at Guahati on a basic salary of Rs. 300 and dearness allowance at 40 per cent thereof in addition to a fixed conveyance allowance of Rs. 100 per month. Sometime thereafter the respondent was transferred to the company s branch office at Delhi where he worked as a special correspondent. By 1963 the remuneration payable to him came to Rs. 700 as basic pay, Rs. 497 as dearness allowance, Rs. 200 per month as car allowance in addition to a free telephone and free newspapers. On October 8, 1963, while he was on leave, the respondent tendered his resignation. On October 14, 1963 P. K. Roy, the company s General Manager, informed the respondent that this letter of October 8, 1963 could not be considered as one of resignation as under the c