A resignation can be withdrawn before its effective date, but the burden of proof lies on the employee to establish such withdrawal.

Order :

(ANAND SHARMA, J.)

1. Award dated 28.06.2000 passed by the Labour Court-I Jaipur in LCR No. 128/1993, whereby reference has been answered against the petitioner, has been put to challenge by the petitioner by way of filing the instant writ petition under Articles 226 and 227 of theConstitution of India . He has further prayed that respondents may be directed to reinstate the petitioner in service with effect from 30.03.1989 with all consequential benefits.

2. The petitioner has come out with a case that vide order dated 22.05.1986, he was appointed as Service Technician on Probation basis w.e.f. 05.05.1986 in respondent-company, where his services were confirmed on completion of Probation period. Thereafter, he was promoted on the post of Senior External Engineer in May 1988. The petitioner further stated that all of a sudden, on account of being scummed to the pressure of higher authority, he tendered his resignation on 29.03.1989. In the resignation letter dated 29.03.1989, the Assistant Manager was requested to accept the petitioner’s resignation from the service of the organisation w.e.f. 29.03.1989 due to his personal reasons and the Branch Manager was also requested to settle his account at the earliest. On the same day, the Branch Manager forwarded the resignation letter to the Competent Authority for formal acceptance and relieving the petitioner with a further request to waive the notice period. The petitioner has contended in the writ petition that immediately on the next date, he sent one letter dated 30.03.1989 to the Branch Manager requesting therein to treat his resignation as cancelled because he was compelled to submit his resignation under pressure. The aforesaid letter dated 30.03.1989 is stated to have been sent through UPC (Under Postal Certificate), the petitioner further submits that ignoring his letter dated 30.03.1989, vide letter dated 09.04.1989 the authorised signatory of respondent- company accepted his resignation w.e.f. 29.03.1989 by waiving the notice period on request made by the petitioner himself. Petitioner has also submitted that thereafter father of the petitioner-Shri Dharmendra Kumar Jain also requested the AGM (C&D) to respondent No. 2 that resignation dated 29.03.1989 was given in hot-haste by the petitioner whereas he was not willing to resign and wanted to serve the respondent-company, therefore, he may be reinstated in service and thereafter, his son would work with devotion in the company.

3. When nothing was done, the petitioner raised an industrial dispute under the Provisions of Industrial Disputes Act, 1947 (for short, ‘the ID Act of 1947’) and vide notification dated 19.04.1993 the appropriate government sent the reference to the Labour Court Jaipur, for adjudication. As per the terms of the reference as to whether termination of the services of petitioner by the respondents w.e.f. 30.03.1989 was valid or not and, if not, the workman was entitled to what relief and monetary benefits.

4. It is stated by the petitioner in the memo of writ petition that in pursuance to the aforesaid reference, he submitted his Statement of claim for declaring his termination order dated 30.03.1990 as invalid and illegal with a further direction to the respondents-company to reinstate the petitioner back in service alongwith all consequantial benefit including monetary benefits. By filing reply to the statement of claim, the respondent-company opposed the relief. Thereafter, impugned award dated 28.06.2000 was passed by the Labour Court-I Jaipur, answering the reference against the petitioner, hence, the instant writ petition has been filed by the petitioner.

5. On receiving notices of the instant writ petition, reply to the writ petition was filed by the respondent No. 1 and 2 stating therein that initially M/s. Saka Electronic Private Limited (Respondent No.1) was a company engaged in service in servicing and repairing of Onida T.V., which has been later on converted as M/s. Onida Saka Ltd. and