RALLIS INDIA LIMITED MADRAS Vs. K NATARAJAN

JUDGEMENT

(1.) These two petitions under Art. 227 are directed against the award dated 30th June, 1975, made by the Labour Court, Bangalore, in Reference No. 36 of 1973. The Labour Court has held that the management of M/s. Rallis India Limited was justified in discharging the service of Sri K. Natarajan, but it directed the management to re-employ the workman as a fresh candidate without back wages.

(2.) The facts in brief are these : Natarajan was appointed as a peon-cum-packer in the pharmaceutical depot of the Rallis India Limited. One fine day, the management found the workman not regular in his duties owing to weakness and poor health. So the workman was sent for medical examination by Dr. S. Janardhan. The said doctor, on the basis of clinical examination and X-ray report, opined that the workman was suffering from Chronic Bronchitis with advanced emphysema of lungs with very poor pulmonary function. He was also of the opinion that the workman was unfit manual work. Relying on this opinion, the management discharged to workman on 27th August, 1971, the discharge being "discharge simpliciter". The action of the management gave rise to an industrial dispute which was finally referred for adjudication to the Labour Court on the following points :

(3.) The parties filed respective statements before the Labour Court besides examining some witnesses. On behalf of the management, Dr. S. Janardhan and Sri V. S. K. Murthy have been examined as M.W. 1, and M.W. 2, respectively. The workman has examined himself as W.W. 2, besides his doctor N. Gopala Rao as W.W. 1. The Labour Court, on its own appraisal of these evidence, reached the conclusion that the management was justified in discharging the services of the workman from 27th August, 1971. It however, gave relief to the workman in the following terms :