Law:

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Industrial Relations Ordinance (XXIII of 1%9)-- ---S. 25-A--Grievance petition--Resignation, withdrawal of--Petitioner who tendered his resignation claiming to have withdrawn same--Evidence revealed that appellant had tendered his resignation on his transfer outstation and his resignation was accepted--No evidence available to show that appellant had withdrawn his resignation or he wanted to join duty out-station or that he was prevented from doing so--Order of Labour Court dismissing grievance petition of worker upheld. DECISION This is an appeal against the order of learned Presiding Officer, Sind Labour Court No. 1 at Karachi, dated 12-7-1988, whereby the grievance petition of the appellant was dismissed. 2. The facts leading to this appeal are that the appellant admittedly was a workman working with the respondents in its Karachi office. It is alleged by the appellant that due to misconduct of Head Katib, Mr. Waheed, he resigned from service on 20-8-1986, but, the Resident Director had called him and at hi: "Nance, he moved another application withdrawing his resignation. However, he was not allowed to attend the office. On 28-10-1986, he served grievance notice upon the respondents which was not replied and consequently he filed his grievance petition. The case of the respondents is that the appellant was transferred to Multan and consequently resigned which resignation was not withdrawn. 3. I have heard Mr. Raja Shamsuz Zaman, the learned Advocate for the appellant and Mr. Jamil Raza Zaidi, the learned Advocate on behalf of the respondents. The fact that the appellant bad tendered resignation is not disputed. He claims to have withdrawn the resignation which is denied by the respondents. Apart from the oral word of the appellant, there is no evidence to show that he had withdrawn his resignation. He states to have submitted the withdrawal application to the Resident Director but he has not summoned the Resident Director or produced the withdrawal application to corroborate his oral evidence that he had submitted withdrawal application. The only point for consideration is how far the oral word of the appellant could be believed with regard to the…

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