Andg" IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 23*" DAY OF JULy:ebG8~'AL+%f%% "::. _ PRESENT; THE HON'BLE MRJUSTICE %}5ND % THE HO'N'BLE MR.JUs2?1@@:_dv;".;; ' 'M wavmdda saeaaréde ? -- * mmgydzzafiéoda emmmawge my swam :%1§§ ' 1:'; " mm mm eruziabmfi §r:;aas<;:;»"~?' 9,. 8:39:93 vefesggis .a5:E$csér+;%.Z '§;'§Vz3sm:€&5 mm -------- g: '.=;_ =s:;r gs mazwaw' may mg "was? V5352}? amofi oe.--o2e~§"*se dam oazaeaatafio fig, ""a=§$¢x3:a:@:bé,;%§e ? 5%. ma earmam essaas mam-35% - E-,svasé§é":ia *2?' . i%3a;°.d dispute came to be registered as 'V._Refe14e£1g;§ No.40/99. Notices were issued to both the A to the dispute. Ciaim statement and counter to it wém fiied by the parties to the dispute. 8. In the claim siatement, the workman. has stated as uzttdarz 13 respondent by the Divisional Controller i11for1ni11g the
respondent that his services were teI’1ni11ated..”z>::«4.ep_fhe
basis 01′ acceptance of resignation with
16.5.1995 and caiiing upon
deeumente to get: the pensioriaxyifl benefite
afiidavit by opening an ” ‘
aiso to 1121 up an appfieatio{:.——;§§t;*ofig_ reiiéirzee placed
upon Ex.M5 :0 Show iienefits are paid
to the responden}: en .’ V’ V’
being the fact finding
authority,’-. en appreeiaiien’ ‘of legal evidence on record,
has” 4;_-gfighily reeoifeled its finding of fact: on contentious
poiigts _.é1i1d.4’A1x,.as answered the same in favour of the
that Ex.M1 was not a vaiid
.V resiéiaatieri’ letter and its acceptance was not
‘A ‘V ” ”’V.:e{:6:xmu1u£iicated :0 the reeponderxt-workman. Therefore,
fi*;e’»’eententioI1 of the Management that there was Vaiid
” hef resignatien cannot be accepted. The finding of fact
recorded on this issue is legal and valid. While ageeing
with these fmciings, the iearned Single Judge has rightly
held that as the Labour Court has rightly come to the
‘[N/
15
backwages but with C(}I”R’iI}11ity of his sexivce along with
other consequential benefits.
17. For the reasons stated supra, we ar;’svVé;* %
N32 against the appeliant and, in exerci$e:.(§+fjw<;i1i§::po\v§§§i* –.
modify the éirection i$sued in tlizf:
learned Single Judge and tht;-awa19d.V_
as aforesaid.
18. Appes}«T:.$%–an£i:s G–f.:;.1<_;-g£:'}orc1iI1g1y.
sal-
Iudge
% Sd/…%
….. ‘