IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16305 of 2010 H.K.Roy Vs. Presiding Officer Industrial Tribunal-cum- Labour Court, Faridabad & others Present: Mr.Ajay Jain, Advocate, for the petitioner. ***** RANJIT SINGH, J. The petitioner claims to have applied for Voluntary Retirement Scheme floated in the year 1993 on 1.9.1993. The petitioner himself states that he was advised to submit his resignation. On 22.12.1995, the petitioner had submitted his resignation with a stipulation that this be treated as a resignation subject to the payment of VRS benefits. The respondent-company declined the prayer on 26.6.1997 and informed the petitioner that his services have been terminated with retrospective effect from August, 1995. The petitioner kept quiet for over 4-1/2 years till he served a demand notice on 7.8.2002. The reference of the dispute has been answered against the petitioner by the Labour Court and he has now challenged the same through the present writ petition. The finding of fact on the basis of evidence as recorded is that petitioner had submitted his resignation on 22.12.1995 on the ground that he was not keeping good health as well as on the ground that he was having some litigation. In this letter, no mention is made to earlier letter, if any, submitted in the year 1993 seeking VRS. In these circumstances, the Labour Court considered the question from the angle whether the petitioner had abandoned the service or he was illegally terminated. The finding on the basis of evidence is that the petitioner himself had expressed inability to continue in the service due to sickness and also due to the reason that some land Civil Writ Petition No.16305 of 2010 : 2 : dispute was pending at his native village. The finding of fact, as recorded, does not call for any interference in exercise of writ jurisdiction, especially in the background that the petitioner had sought his reference of the dispute after expiry of 4-1/2 years from the date he was intimated about rejection of his claim. Dismissed. September 13, 2010 ( RANJIT SINGH ) ramesh JUDGE