DECISION ' This is an appeal against the order of the Labour Court ordering reinstatement of the respondents with full back benefits.
2. The respondents were in the permanent employment of the appellant. According to the respondents, they were stopped at the gate on 7th Jane, 1976 and were not permitted to resume their duties. After service of grievance notice, they approached the Labour Court. The application was resisted and it was pleaded that the respondents had submitted their resignations on 4th June, 1976 and the same were accepted.
3. Evidence was tendered by bath the parties. On the assessment of the evidence the Labour Court came to the conclusion that it was not established that the respondents had submitted their resignation., On the basis of this conclusion, he ordered re-instatement.
4. On perusal of the record and proceedings and hearing the arguments I see no reason to interfere with the order passed by the learned Presiding Officer. Mr. Soklyn had filed an affidavit but it was rejected by the Labour Court on the ground that it was never sworn before any authority. No exception can be taken to this view. There Is no endorsement that it w sworn before any authority, consequently, it was rightly excluded from consideration. It is pertinent to note that the appellant had made an application to the Labour Court to send thumb-impression of the respondents on the said resignation to the Finger-print Expert but the costs were never deposited in spite of the opportunities having been allowed. Consequently, it is justified to draw an adverse inference to the effect that the documents purported to bear the thumb-impressions of the respondents were not their thumb impressions. Of course, two witnesses were examined to support the contention that the respondents had thumb marked in their presence, but their evidence is interested and could not be believed, especially when in spite of the fact that the opportunity allowed to the appellant to get the thumb impressions compared was not availed of.
5. In result the appeal is dismissed.