D.N. Patel, J. - This Letters Patent Appeal has been preferred against the judgment and order delivered by the learned Single Judge in W.P.(S) No. 2888 of 2004 dated 22nd June, 2010, whereby, the petition preferred by respondent no.2 was allowed by the learned Single Judge and the order passed by the Labour Court, Jamshedpur in B.S. Case No. 09 of 1989 dated 10th December, 2003 was quashed and set aside, mainly on the ground that, if an employee resigns from the services and accepts the retirement benefits, including gratuity, as per Annexure-1 to the memo of writ petition, the Labour Court, Jamshedpur should not have passed an order of reinstatement along with back wages. Against this judgment and order passed by the Learned Single Judge allowing the writ petition of the respondents, the workmen has preferred this Letters Patent Appeal.

2. Arguments Canvassed by learned counsel for the appellant:-

Learned counsel appearing for the appellant submitted that this appellant was an employee of respondent no.2 having been appointed on 18th August, 1965 as Sales Assistant. Thereafter, he was suspended on 27th January, 1974 for misconduct in store which was challenged by this appell