1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 576 OF 2010 (Asif Khan Latif Khan vs. M/s. Indian Broiler Farm) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. AUGUST 03, 2010. Heard Shri Bhoot, learned counsel for the petitioner and Shri Sambre, learned counsel for the respondent. The contention of the petitioner – employee is, his resignation has not been proved and still Industrial Court has acted upon it. Shri Sambre, learned counsel has today filed reply and he argues that though the petitioner denied his signature on resignation in cross examination, in examination-in-chief of the respondent – employer, the resignation letter has been exhibited. With the assistance of both counsel, I have perused the relevant discussion in this respect as undertaken by the Industrial Court. Both counsel have pointed out the discussion in para 13 of the judgment of Industrial Court. The said discussion shows that the Industrial Court has not resolved issue about disputed signature in any way. It has only found that when a document purported to be resignation letter was 2 produced before it, the present petitioner did not file any objection or did not make any grievance about it. The Industrial Court ought to have considered whether the signature on alleged resignation was proved to be that of present petitioner. When the petitioner denied his signature, the exercise of comparing that signature with other admitted signatures like memo of appearance and other signature on documents available on record or other documents in the custody of employer could have been undertaken. Therefore, the impugned order dated 13.07.2009 is quashed and set aside only for that purpose. The proceedings in Complaint (ULPN) No. 366 of 2001 are restored back to the file of Industrial Court, Nagpur, for enabling the parties to adduce additional evidence about the said resignation, in accordance with law. As the matter is old, the Industrial Court shall attempt to decide the same as early as possible and in any case within a period of six months from the date of communication of this order to it. Writ Petition is disposed of. Rule accordingly. However, there shall be no order as to costs. Parties to appear before the Industrial Court, Nagpur, on 24.08.2010 and to abide by its further directions in the matter. JUDGE *GS.