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Appeal No. MN‑416 of 1977, decided on 27th May, 1978.

‑‑‑Resignation‑‑Work man denying having signed any resignation‑‑Receipt for full and final settlement of all dues to‑date admitted‑‑Workman in circumstances, held, could not turn round and say that he had not received----Order Labour Court dismissing grievance petition seeking re‑instatement, in circumstances, upheld by Appellate Tribunal‑ Industrial Relations Ordinance (XXIII of 1969), Ss.25‑A & 38(3).

Ch. Ghulam Qadir for Appellant.

Major Waheed‑ud‑Din for Respondent No.1.

Nemo for Respondent No.2.

Date of hearing. 15th April, 1978.

This is an appeal against the decision dated 25‑6‑1977 of Punjab Labour Court No.9, Multan.

2. Shabbir Ahmad, appellant was employed as a Deliveryman in the respondents' company. According to him, the respondents, in order to victimize him for his trade union activities, terminated his services without any notice or enquiry. It was further alleged that in order to cover up, the illegal steps taken against him, the respondents made a fake resignation purporting to have been given by him. He categorically denied that he ever tendered any resignation.

3. According to the respondents, on the other hand, the appellant had tendered his resignation EXh. R.1. on 1‑2‑1977, which was accepted on 2‑2‑1977 vide Exh. P.1.

4. The appellant filed a petition under section 25‑A of Industrial Relations Ordinance, 1969 before the Labour Court, which accepted the plea of the respondents and dismissed the petition of the appellant.

5. Aggrieved by the above decision, Shabbir Ahmad, appellant has preferred this appeal.

6. The learned counsel for the appellant contended that the appellant had never tendered resignation Exh. R.1, because the alleged signatures on the said resignation were not of the appellant as he always signed his name in English.

7. On going through the record I find that the appellant, though denied his signatures on the resignation Exh. R.1, admitted his signatures on Exh.R.2, dated 3‑2‑1977, which is to the effect that the appellant had received a sum of Rs.2,195.88 from Messrs Muller and Phipps (Pakistan) Limited in full and final settlement of all his dues and claims to date. If the appellant had accepted all his dues and claims in full and final settlement, then he cannot now turn round and say that he had not resigned. There is also clear evidence of Yousaf Ali, Depot Incharge to show that the appellant had tendered his resignation in his presence. His evidence is corroborated by Exh.R.2, which contains the admitted signatures of the appellant.

8. In view of the above, I uphold the decision of the Labour Court and dismiss the appeal

A. E.

Appeal dismissed.

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