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Appeal No. 69 of 1975, decided on 15th March 197.

---S. 25-A-Workman praying re-instatement on plea that his resigna tion was obtained forcibly-Further contention that resignation if withdrawn before its acceptance should not be considered as resignation accepted - Contentions not proved on record---Evidence otherwise indicating that workman after being accused of misconduct of theft bad resigned -- Rejection of petition by Junior Labour Court, in circumstances, upheld.

Raja Abdul Rashid for Appellant.

Muhammad Sadiq Abbasi for Respondent

This is an appeal preferred against an order dated 4-2-75 passed by the learned Presiding Officer of the Junior Labour Court Rawalpindi on a petition under section 25-A of the I. R. O., 1969 made by the appellant. This petition was not accepted, therefore appellant has come in appeal.

2. I have heard the learned counsel for the parties at length and have gone through the record of the Junior Labour Court as well as the impugned order.

3. Brief facts giving rise to this appeal are that appellant was an electrician in Islamabad Omnibus Service, Rawalpindi. He resigned on 17-11-74 and the only grievance of his is row that this resignation was taken from him forcibly by some office-bearers of the Union and given to the District Manager who accepted it on the same day.

4. Learned counsel for the appellant stressed vehemently that a resignation if withdrawn before its acceptance should not be considered as resignation accepted. In this connection be has urged that appellant met the District Manager and sent a telegram to the District Manager. As I see Exh. R. A, it appears to i.e written and signed by the appellant. Date was given on it as 28-11-74, but again it was made 27-11-74 under the appellant's signatures.

It appears to have been accepted on 27-I1-74. but there is no date under the signatures of the District Manager. Appellant in his cross-examination has admitted that he met the District Manager at his house. After 2 days telegram was also given on 2-12-74. Abdul Razzaque, Senior Clerk, has appeared as a respondent's witness. He is said to be one of those persons who forced the appellant to sign the resignation but no question has been put to him in cross-examination on this issue of getting resignation forcibly. So, it appears to be an afterthought. It is admitted by the appellant in his cross-examination that he was accused of a misconduct of theft alongwith one Sultan and Ilyas also resigned but did not come to the Junior Labour Court.

5. Under these circumstances, I see no ground to interfere into the judgment of the learned Presiding Officer, Junior Labour Court, Rawalpindi, I, therefore maintain it and dismiss the appeal

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