| Citation(s) |
|---|
| 1986 SLG 2060 1986 SLD 2060 1986 PLC 333 |
Labour Appellate Tribunal, Punjab
Appeal No. FD-654 of 1981, decided on 24th February, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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Appeal No. FD-654 of 1981, decided on 24th February, 1982.
SARDAR MUHAMMAD ABDUL GHAFOOR KHAN LODHI, APPELLATE TRIBUNAL
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MUHAMMAD YASIN
VS
FAISALABAD DEVELOPMENT AUTHORITY and another
Law:
Section:
(a) Industrial dispute- --- Resignation--Workman seeking re-instatement on plea that resignation obtained from him under coercion--Grounds taken before Labour Court different from those mention in representation to competent authority in grievance notice and grievance petition--Plea, in circumstances, not accepted and order of Labour Court dismissing grievance petition upheld by Appellate Tribunal--Industrial Relations Ordinance (XXIII of 1969), Ss. 25-A & 38(3). (b) Industrial Relations Ordinance (XXIII of 1969)-- ---S. 37--Appeal--Additional evidence--Document produced at late stage of arguments--Such document not even required for decision of appeal-Not taken into consideration. (c) Industrial dispute- ---Resignation--Accepted by competent authority with directions that workman be informed--Application for withdrawal of resignation made subsequent to such date of order of competent authority--Workman, in circumstances, held, could not be said to be still in service on basis of withdrawal of -resignation irrespective of fact whether intimation regarding acceptance of resignation was or not received by him. S.M. Arif for Appellant. Mien Altaf Hussain for Respondents. JUDGMENT The present appeal arises from the decision, dated 25-10-1981, passed by the learned Presiding Officer, Punjab Labour Court No. 4, Faisalabad, whereby grievance petition of the appellant for his reinstatement was dismissed. The appellant tendered resignation Exh. R-1 giving reasons that he could not any longer do service in view of domestic reasons. The resignation is, dated 8-10-1980. He mentioned in his petition that the resignation be accepted w.e.f. 8-11-1980. The Director Estate Management firstly recommended resignation to the Director-General vide his order, dated 9-10-1980 but accepted it vide his order, dated 11-10-1980. On 13-10-1980 another order was recorded by the same authority to the effect that the resignation of the appellant was accepted and directed that his name be struck off the strength of the department w.e.f. 8-11-1980. The appellant challenged the acceptance of the resignation on the ground that the resignation was not voluntary but Col. Ehsanul Haq, Director…
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