The petitioner has aggrieved by the order of II Additional Labour Court in I.D.No.208 of 2008 has approached this Court by way of writ of certiorari, calling for the records relating to the award proceedings of the Presiding Officer, II Additional Labour Court, Chennai in I.D.No.208 of 2008, dated 22.07.2010 and to quash the same.

2. The brief fact of the petitioner's case is as follows:

The learned counsel appearing for the petitioner states that the petitioner college is a reputed college and the 1st respondent served as a Librarian in the petitioner’s college from 07.07.1997. The petitioner states that the 1st respondent met with an accident and was very irregular and during March 2007 stock verification of library was done with the help of one Mr. Srinivasan and found that many books were missing. Then on due course the 1st respondent voluntarily submitted her resignation wide resignation letter on 25.06.2007 through courier and the same was received by the petitioner on 29.06.2007 which is read as follows:

“For better prospects, I hereby resign from the service of your institution. I thank you very much for having given me an opportunity to serve you for so long.

Since I am not well, I am sending this letter through courier service. I request you to kindly arrange for necessary formalities to relieve me and for returning back to me, my original certificate being kept in the custody of the college”.

3. The learned counsel for the petitioner submitted that the petitioner's college accepted the resignation of the 1st respondent and relieved her from the post of Librarian and issued the relieving order cum service certificate on 19.10.2007. He further stated that though she voluntarily resigned her job, she submitted a representation to the Labour Officer-3, Kuralagam Building, Chennai and on which the petitioner was asked to submit the reply and the same was given on 08.01.2008. The claim of the 1st respondent was rejected by the Labour Officer, Kuralagam on 04.02.2008. The learned counsel further state that the 1st respondent aggrieved on the said order filed petition under Section 2A(2) of Industrial Dispute Act, 1947 in I.D.No.208 of 2008 before the 2nd respondent Labour Court, Chennai-104, to set aside the non employment as illegal and for reinstatement of duty with back wages, gratuity of service and other attendance benefits.

4. The learned counsel for the petitioner stated that the 2nd respondent in the matter of dispute between workman and management ought not to have drawn adverse influence over non examination of the Secretary of the College since the 1st respondent submitted a resignation to the date of retirement is bad in law. The learned counsel stated that the lower Court erred in giving finery that the 1st respondent was dismissed from service without seeking any explanation which is arbitrary. The learned counsel submitted that in view of the above that the resignation is voluntarily done and the Court below erred in the Order dated 22.07.2010 and to set aside the same.

5. The counter affidavit filed by the 1st respondent is as follows:

The 1st respondent entered into service with the petitioner College on 07.07.1997 as a Librarian and that the 1st respondent during her ten years of service rendered unblemished record of service and not even a single official memo was issued and on the contrary her good works were confirmed through the Remarks of verifying lecturers/staff and the annual stock taking completion reports with the signature of the Principal with acknowledgment. The learned counsel for the 1st respondent submits that she met with a road accident resulting in bone fracture and has been immobile for nearly 12 weeks. The same was formally informed by the 1st respondent Principal/Management, through a letter with the original advice of the attending doctor. The 1st respondent stated that till March 2006 there were no books missing from the library and it happened only when the new Librarian was managi