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2004 Supreme(MP) 741

S.P.KHARE, A.K.SHRIVASTAVA
VIJAY SHANKAR TRIPATHI – Appellant
Versus
PROJECT OFFICER – Respondent


Advocates Appeared:
ANUP NAIR, Kishore Shrivastava

A. K. SHRIVASTAVA, J.

( 1 ) THIS appeal has been preferred by appellant Vijay Shankar against the impugned order passed by learned single Judge dismissing, his writ petition and affirming the order passed by the Central Government industrial Tribunal-cum-Labour Court (in short the Tribunal) dated August 26, 1998. The appellant was appointed on the post of "auto helper Category-II" in the year 1984. It is admitted by the parties that the petitioner submitted his resignation vide letter dated september 10, 1991 (Annexurea/1 ). On going through the resignation letter, it is found that a prayer to accept it immediately was made. According to appellant he did submit the application to withdraw the resignation vide annexure A-2 on the same day i. e. September 10, 1991. On going through the withdrawal letter, it is gathered that in a heat of passion, he did submit an application of resignation. However on the same day, he requested not to accept the resignation, by submitting application of withdrawal. There is a note at the bottom of Annexure A-2 that it was received on September 11, 1991. The contention of appellant before the Tribunal as well as before the writ Court, was that since be














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