Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)- --- Ss. 25-A & 38(3)-Grievance petition for re-instatement-Plea in written statement of employer that petitioner resigned voluntarily and received dues in full and final settlement - Resignation disputed-Report of Handwriting Expert mentioning that signatures on resignation were of petitioner-Signatures of petitioner compared by naked eye with those on grievance petition and affidavit and appearing similar-Contention that had petitioner resigned volun­tarily he would not have agitated his grievance petition-Explanation that due to .faction of Union leaders petitioners took stand that he did not resign-Labour Court finding explanation as plausible and believing that petitioner had resigned-Order of Labour Court dismissing grievance petition, in circumstances, upheld by Appellate Tribunal. Bashir Awan for Appellant. S. M. Yaqoob for Respondents. Date of hearing : 16th April, 1985. DECISION This is an appeal directed against the order of Labour Court No. V1, Hyderabad, dated 8th December, 1982. 2. The facts briefly stated are that the appellant, Abdul Rauf was employed by the respondent mills and was serving as a Simplex Tenter. There was a dispute in respect of the happening of 4th November, 1981. According to the appellant, at 2.00 p. m. on 4th November, 1981 he reached the respondent mills to resume his duties at 3-00 p. m. He stood in queue to receive his salary. At 2.45 p. m., while it was his turn to receive the salary, the clerk Zulfiqar obtained his thumb mark on Payment Register and gave him card and directed him to go to the Labour Officer of the mills. The Labour Officer informed the appellant to get his out­standing dues and go away. It was because on 4th November, 1981 the appellant had resigned. This point of resignation was disputed by the appellant and the appellant's stand was that he did not resign. Therefore, he went for intervention to the Labour Directorate where the stand of the respondent mills was that the appellant had resigned by written resignation, dated 4th November, 1981 and he was paid off. The Labour Directorate could not decide the issue. The stand taken by the appellant was that…

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