G.G. Sohaui, C.J. & S.N. Jha, J.

This Letters Patent Appeal is directed against the judgment dated 14.7.1987 passed by a learned Single Judge of this Court in C.W.J.C. No. 1022 of 1986 (R).

2. The material facts giving rise to this appeal, briefly, are as follows:

Respondent No.1, who was working as a Superintending Engineer in the employment of the appellant, which is a Government Company, intimated to the Company by the letter dated 29.5.1986 (Annexure-1) that he was tendering his resignation and was giving one month's notice by that letter. However immediately after sending the letter (Annexure-1), Respondent no. 1 sent another letter dated 5.6.1986 (Annexure-2) withdrawing his resignation. On 18.7.1986 the appellant Company informed .Respondent no. 1 that his resignation was accepted from the actual date of release by the Unit. As the appellant insisted on accepting the resignation in spite of the fact that it was withdrawn by respondent no. 1 before the expiry of the period of notice, respondent no. 1 filed a petition before this Court under, Article 226 of the Constitution praying that the order of acceptance passed by the appellant be quashed. The claim of Respondent no