DEBIPRASAD SENGUPTA, J.

The subject matter of challenge in the present appeal is the judgment and order dated 10.3.2003 passed by the learned Single Judge in W. P. No. 612 of 2002. In the writ petition the validity of an award of 7th Industrial Tribunal was under challenge. Initially the dispute which was referred to in the Tribunal was as follows:

“Whether the termination of service of Shri G. C. Guha is justified. To what relief, if any, he is entitled to?”

From the award of the Tribunal dated 18th April, 1996 it appears that the Tribunal arrived at a conclusion that this was a simple case of resignation and not at all a retrenchment. Such award dated 18th April, 1996 was challenged in a writ proceeding being C. O. No. 19267 (W) of 1996, which was allowed by the learned Single Judge by order dated 30.10.2000. The learned Judge was of the view that Tribunal had no jurisdiction to enquire into the question as to whether this was a case of resignation or not and all that the Tribunal was required to consider was whether the termination was legal, valid and whether the employee was entitled to any relief, if it is held to be illegal. The award was accordingly set aside and th