Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)-------S. 25-A---Voluntarily tendering resignation---Proof---Employer had asserted that employee had voluntarily tendered his resignation and had received all dues under full and final settlement, but employee had denied the same---Onus was solely on employer to prove signature/thumb-impression of employee on alleged voluntary resignation, and other documents to prove that employee had resigned voluntarily and had received all his dues, but employer had failed to discharge that burden by any oral or documentary evidence or by comparing signature/thumb-impression of employee--­Employer having failed to prove that employee had voluntarily resigned, Labour Court had rightly ordered restatement of employee with full back benefits. Dr. Raees M. Mushtaq for Appellant. Nemo for Respondent. JUDGMENT This is an appeal under section 37(3) of the Industrial Relations Ordinance, 1969 against the order dated 9-3-1998 passed by the learned Labour Court No.VI at Hyderabad, on Grievance Application No. 15 of 1995. 2. The facts, briefly stated, arising out of the above appeal are that the respondent was employed as Helper in the appellant company. On 27-9-1994, the respondent submitted a resignation on the ground that for family problems he cannot continue with the job as such. While tendering the resignation, he requested the appellant company to waive the condition of one month's notice or tender one month's salary in lieu thereof. The appellant company, having accepted his resignation and waiving the condition for one month's notice paid all his dues amounting to Rs.10,577 in full and final settlement. After the expiry of about two months, the respondent served a grievance notice, as required under section 25-A(1) of I.R.O., 1969 alleging, inter alia that on 1-10-1994 when he came to attend the duty, he was gate-stopped. The company replied the said grievance notice vide letter dated 6-12-1994 stating inter alia, that respondent was no more in service after having tendered, voluntarily, his resignation dated 27-9-1994 and all his dues having been paid, there existed no relationship of employer and employee. 3. The respondent,…

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