Judgment

C.K. Thakker, J.—This appeal is filed by the appellant against the judgment and order passed by the Division Bench of the High Court of Karnataka on January 28, 2002 in Writ Appeal No. 5500 of 1998 confirming the order passed by learned single Judge on September 07, 1998 in Writ Petition No. 26090 of 1993.

2. To appreciate the points raised in the appeal, few relevant facts may be stated.

3. The appellant was selected by the Chairman and Managing Director of Bharath Earth Movers Limited (‘Company’ for short) respondent herein, and was appointed as Senior Manager in the Department of Security and Vigilance for KGF by an order dated December 11, 1989. He reported for duty on December 29, 1989. By an order dated December 03, 1992, the appellant was transferred to Corporate Office at Bangalore and was relieved on December 04, 1992. The appellant reported at Corporate Office, Bangalore on December 07, 1992. It was his case that he was not assigned any work at Bangalore. The appellant, in the circumstances, got upset and tendered a letter of resignation on January 04, 1993. In the said letter, he stated that he was thankful to the Chief Managing Director for giving him an opportuni