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1990 Supreme(SC) 391

A.M.AHMADI, S.RANGANATHAN
J. K. Cotton Spinning And Weaving Mills Company LTD. – Appellant
Versus
State Of U. P. – Respondent


JUDGMENT

AHMADI, J. :- When the service of an employee is terminated consequent upon the employer accepting the resignation voluntarily tendered by the employee does the termination so brought about amount to retrenchment within the meaning of Section 2(s) read with Section 6N of the Uttar Pradesh Industrial Disputes Act, 1947, is the question which we are called upon to decide in this appeal by special leave. The facts relevant to be stated for the disposal of this appeal are as under:

Ram Singh was employed by the appellant-company on 10th March, 1960 and was posted in the Bradma machine section of the company. His duties were to attend to the printing of shares, pay-sheets, registers, ESI cards etc., relating to the appellant-company. On 1st November, 1970 he addressed a letter of resignation to the Manager of the appellant-company in the following words:

"R/Sir,

I regret to bring to your kind notice that my family circumstances do not permit me to continue my service and hence I am compelled to sever my connections with these Mills immediately.

I, therefore, request your goodself kindly to arrange for the payment of all my dues at an early date."

Two days thereafter he wrote another









































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