JUDGMENT :

CM APPL. 18676/2023

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 4831/2023

3. The present writ petition under Article 226 and 227 of the Constitution of India preferred by the workman seeks to assail the award dated 28.10.2022 passed by the learned Labour Court in LID No. 583/2016. Vide the impugned award, the learned Labour Court has rejected the petitioner's claim by holding that that the petitioner had voluntarily resigned from service on 20.09.2013. While arriving to the said conclusion, the learned Labour Court after taking into account that the petitioner had duly withdrawn his provident fund dues soon after tendering resignation, has rejected his plea that he was forced to tender his resignation.

4. In support of the petition, learned counsel for the petitioner submits that merely because the petitioner on account of lack of funds was compelled to withdraw his provident fund dues could not be a ground for the learned Labour Court to presume that he had voluntarily resigned from service. He submits that the petitioner had in fact sought to withdraw his resignation barely within three months from the date of resignat