' The decision, dated 12th January, 1983 recorded by the learned Presiding Officer, Punjab Labour Court No, 2, Lahore has been challenged in this appeal, whereby the respondent was directed to be reinstated in service.
2. The respondent had on 23rd October, 1980 resigned from his post. It was accepted on 9th November, 1980 with effect from 1st November, 1980. The respondent applied on 13th December, 1980 vide Exh. P. 4 for the withdrawal of the resignation or in the alternative for re-employment on the ground that under a fit of mental depression he had sent the resignation. Long before that Prof. Dr. Muhammad Rashid Chaudhry had vide his letter, dated 27th October, 1980 Exh. P. 1 informed the appellant that the respondent was under his treatment and that he had learnt that the respondent had given resignation in a fit of depression. It was requested in Exh. P. 1 that the resignation may not be accepted and the respondent be treated on leave.
3. It has been argued by the learned counsel for the appellant that the receipt of letter Exh. P. 1 was not admitted, therefore, it should have been proved that this letter was actually sent to the appellant. The doctor was examined by the respondent as P. W. 1 who stated that he had written letter Ex. P. 1 to the appellant. In cross-examination no question about the dispatch of this letter was put. It was not suggested that this letter had not been sent to the appellant. The appellant did not produce any evidence to rebut the statement of the doctor and the respondent. No medical evidence was produced to the effect that at the relevant time the respondent was not under any mental depression. Since the respondent was under mental depression at the time he had sent the resignation, it was not a valid, and saneful act and he was entitled to withdraw it or to ask for his reinstatement after recovering from the disease.
4. It has also been argued that the grievance notice is time-barred. The grievance notice is, dated 3rd March, 1981. The fitness certificate is, dated 17th December, 1980. It means that the respondent continued to be under mental depression upto December. The respondent sent letter Exh. P. 4 on 13th December.
1980. There is no evidence that before this date he had come to know that his resignation had been accepted. No evidence was produced to show as to when letter Exh. P. 3, dated 9th November, 1980 was sent to the respondent. So only this much can be said that on 13th December, 1980 when he requested for the withdrawal of the resignation he had come to know that his resignation had been accepted. From this date the grievance notice, dated 3rd March, 1981 is within time. So the respondent was rightly directed to be put back on duty without back benefits.
' As a result, the appeal having no force is dismissed.