DECISION This appeal arises from order of the 5th Sindh Labour Court, Karachi accepting the grievance petition of one S.M. Tasneem directing his reinstatement in service with back benefits.
2. The facts in brief are that the respondent was employed with the appellant Engineering firm as a Tracer from the year 1982. The appellant firm charge-sheeted the respondent on 2-11-1993 and pending the domestic enquiry they threatened the respondent that he would be transferred to Kot Addu. On 8-11-1993 the respondent complained to N.I.R.C. And Prohibitory order was passed restraining the appellant firm from terminating or transferring the respondent as it amounted to unfair labour practice. The respondent was thereafter, harassed and he, therefore, sent a notice of resignation to the Executive Vice-President of the appellant firm dated November 8, 1993. This notice was in the following words: "NOTICE OF RESIGNATION ' Dear Sir, ' Due to some unavoidable circumstances, I hereby tender my resignation from Company's service with effect from 8th November, 1993.
Please treat it as one month's notice. Kindly accept the sameand oblige."
3. On this notice an order was passed on the same day that is 8-11-1993: "Please accept resignation and relieve him immediately as per Company rules."
4. On 11th November, 1993 the respondent sent a telegram to the management as under: "Please be informed that some of the officers of the Company pressurised me to resign from service against my wish and desire which has no authenticity for the last three days I have been requesting to concerned persons to allow me to continue my duties as the said resignation has no validity but still they are not allowing me on duty. Kindly advise the concerned persons to allow me to resume my duty and treat the forcibly taken resignation as null and void. "
5. Thus, the notice of resignation was immediately withdrawn orally and by telegram on the 3rd day. The respondent was, however, not allowed to work nor was he paid anything in lieu of notice.
The respondent after grievance notice filed his petition which was allowed and he was ordered to be reinstated in service. These are facts based on documents apart from other considerations that have been urged by the parties. These facts cannot be denied. Thus, the respondent had sent only a notice of resignation and expressly stated that it should be treated as one month's notice. Even under the Standing Orders if a worker wants to resign he has to give one month's notice under Order 12 of the Standing Orders Ordinance before the resignation. There is a recommendation for acceptance. It does not say that the resignation is accepted and immediately after this notice the resignation has been withdrawn as the respondent realised his mistake and on second thought he wants to continue in the job.
6. Under the circumstances the respondent should have been allowed to resume work but instead he was gate-stopped. His petition was, therefore, rightly accepted by the Labour Court and he was ordered to be reinstated in service with back benefits.
7. I can accordingly find no substance in this appeal by the Engineering firm and the same is accordingly dismissed.