IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 21935 of 2004(J) -------------------------- PETITIONER: ------------ WORKERS CONGRESS (REG.NO.02-06-93), REPRESENTED BY ITS GENERAL SECRETARY MUNNAR P.O., IDUKKI DISTRICT. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. LABOUR COURT, ERNAKULAM, KOCHI-14. 2. THE CHIEF MEDICAL OFFICER, M/S.TATA TEA LIMITED, MEDICAL DEPARTMENT, MUNNAR P.O., IDUKKI. 3. THE MANAGER, KANNIMALA ESTATE, M/S.TATA TEA LIMITED, MUNNAR P.O., IDUKKI DISTRICT. BY ADV. SRI. E.K. NANDAKUMAR GOVT. PLEADER SRI. T.T. MAHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 21935 of 2004 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 7th April, 2008. J U D G M E N T The petitioner is the Union involved in I.D.No. 43/1999 before the Labour Court, Ernakulam. The issue referred for adjudication was: “Whether the resignation tendered by Smt. Sali George is under force or fraud of the management. If so, what are the reliefs entitled to her.” 2. The workman involved raised a contention that the resignation letter based on which she was relieved from service, was obtained by force and fraud by the management. That dispute was raised at a time when she was still in service. Later, before the resignation came into effect, she withdrew the resignation. The Labour Court found that there was no force or fraud by the management in the matter and upheld the action of the management. But the Labour Court did not consider the effect of withdrawal of the resignation prior to the resignation caming into force. It is under the above circumstances, the Union has filed this writ petition challenging Ext. P6 award of the Labour Court in that I.D. 3. In so far as the legal position is that a resignation could be withdrawn any time before it took effect and the fact that the industrial dispute was raised while she was still in service, I suggested to the parties that it would be in the interest of both to come to an amicable settlement. On instructions from the party, counsel for the management submits that they are prepared to reinstate the workman without backwages, but with continuity of service and other benefits. The counsel for the petitioner submits that the Union and the workman are prepared to accept the same. Accordingly, the writ petition is disposed of recording the above W.P.C. No. 21935/2004 -: 2 :- settlement, directing the management to reinstate the workman without backwages but with continuity of service and consequential benefits with effect from 2-5-2008. If the workman reports for duty within 2-5-2008, the workman would be reinstated in service as above. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.