| Case ID |
00249419-835c-4ce7-bbb7-3e1d7f2d3b0a |
| Body |
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| Case Number |
LHR-86 of 1983 |
| Decision Date |
Feb 29, 1984 |
| Hearing Date |
Feb 27, 1984 |
| Decision |
The appeal was dismissed as the respondent was found to have tendered the resignation under mental depression, thus it was deemed invalid. The respondent was entitled to withdraw the resignation or seek reinstatement after recovering. The court noted that the grievance notice was timely as the respondent had not been notified of the acceptance of resignation prior to his request to withdraw. The decision of the lower court to reinstate the respondent was upheld. |
| Summary |
This case revolves around an industrial dispute where the respondent, S. M. Sayedain, resigned from his position while under mental depression. The Labour Appellate Tribunal, Punjab, examined the validity of the resignation in light of the respondent's mental health condition. The court determined that resigning under such circumstances was not a rational act. The appeal filed by Progressive Papers Ltd. challenged the earlier decision to reinstate Sayedain, who had requested to withdraw his resignation after receiving treatment. The tribunal upheld the lower court's ruling, reinforcing the principle that mental incapacity at the time of resignation invalidates such an act. This case is significant in understanding employees' rights when mental health issues affect their decision-making capacity in the workplace. |
| Court |
Labour Appellate Tribunal, Punjab
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Abdul Ghafoor Khan Lodhi
|
| Lawyers |
Syed Noor Ahmad,
Pervez Malik
|
| Petitioners |
Progressive Papers Ltd.
|
| Respondents |
S. M. Sayedain
|
| Citations |
1984 SLD 1738,
1984 PLC 1177
|
| Other Citations |
Not available
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| Laws Involved |
Not available
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| Sections |
Not available
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