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1976 Supreme(Raj) 377

D.P.GUPTA
Devi Singh – Appellant
Versus
Authority Under Section 28A(2) of Rajasthan S op and Commercial Establishment Act, Jaipur – Respondent


JUDGMENT

1. - The facts of this case are a few and simple. The petitioner was appointed by M/s. Compton Greaves Limited (hereinafter referred to as the Company') by a letter of appointment dated November 29, 1968, a copy of which has been placed on record as Ex 1 After serving the respondent No. 2 for some time, the petitioner cent his letter of resignation (Ex. 2) on March 17, 1975 stating therein that as per terms of his appointment, the said letter may be treated as one month's notice before the petitioner is released, from the service of the Company. The case of the petitioner is that before the expiry of the notice period of one month, he withdraw his resignation telegraphically on April 16, 1976, but the company thereafter intimated to the petitioner that his resignation was accepted by it. According to the petitioner he continued to remain in the service of the company and taking the view that hit services were unlawfully terminated by the Company, the petitioner filed an application under Section 28A of the Rajasthan Shops and Commercial Establishments Act, 1958 (hereinafter called 'the Act') before the Regional Deputy Labour Commissioner, Jaipur, which is the Competent Aut













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