M.N. CARIAPPA Vs. ROSAMMA

JUDGEMENT

(1.) This appeal assails the order dated 23/06/2005 passed by the learned Single Judge in W.P.No.27968/1999 and connected writ petitions.

(2.) The brief facts of the case are that the appellants are the legal representatives of the Managing Partner of a coffee estate. The same was purchased by the appellant from respondent Nos.3 to 6 by a registered sale deed dated 26/04/1994. Respondent Nos.1 and 2 claimed to be the workers of respondent No.7- estate. Respondent No.8 is the vendor of respondent Nos.3 to 6. Respondent Nos.1 and 2 were terminated from service on 30/07/1984 by respondent No.7 on medical grounds. Since conciliation proceedings failed, the State Government referred I.D.Ref.No.98/1995 before the Labour Court at Madikeri for adjudication. It is the case of respondent Nos.1 and 2 that their termination was not preceded by any enquiry and without any reason they were terminated. Therefore, they sought quashing of the order of termination, reinstatement and consequential benefits.

(3.) The said claim was contested by filing detailed statement of objections. It is the case of the management that respondent Nos.1 and 2 workmen repeatedly complained of fatigue during working hours. They were referred to the District Surgeon, Government Hospital, Madikeri, for medical examination. The District Surgeon had opined that they were medically unfit to work and had given a certificate dated 11/07/1984 to that effect. The said certificate showed that they were unfit for skilled or unskilled work. As a result, the management had given them one month's notice and they were called upon to collect one month's wages in lieu of notice and all other benefits to which they were entitled to. But respondent Nos.1 and 2 had refused to accept the offer made by the management by contending that it was an illegal termination. The management sought dismissal of the claims made by respondent Nos.1 and 2.