J B KUMAR Vs. SECRETARY LABOUR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 19th January, 2007 passed by the learned Single Judge whereby a direction was issued to the management " respondent to pay a sum of Rs. 75,000/- to the appellant as a welfare measure in order to help the appellant " workman. The said order was passed in the writ petition which was filed by the appellant challenging the legality of the award dated 26th April, 2001 passed by the Labour Court. By the said award, reference, which was made by the appropriate Government, was answered against the workman.

(2.) THE appellant was working as an Assistant Steward on monthly salary of rs. 3,108/- with the respondent No. 2 i. e. M/s The Oberoi. On 28th February, 1995, the appellant met with a road accident and thereafter he absented from duty. After waiting for about a year and four months to enable the workman to recover from the accident injury, the management directed the appellant to report on duty. The workman, however, failed to inform the management about his state of health. Consequently, the management sent a letter to him on 2nd July, 1996 as to when he would resume his duties. As against the said letter, the workman vide letter dated 6th July, 1996 asked the management to wait for another six months. The management deputed its doctor to visit the residence of the appellant. The said doctor examined the appellant and submitted a detailed report on 1st October, 1996 giving his opinion that the workman would not be able to perform the duties as an Assistant Steward at all even after recovery. Consequently, the services of the workman were terminated vide letter dated 2nd november, 1996 on the ground of his continued illness and medical unfitness to perform duties. The aforesaid action on the part of the management was challenged by the workman on the ground that it was an unjustified and illegal termination. On the basis of the request of the appellant a reference was also made to the Labour Court in the following terms: "whether the termination of services of Shri J. B. Kumar is illegal and/or unjustified and if so, what relief is he entitled and what directions are necessary in this respect. "

(3.) THE Labour Court, after recording evidence of the both sides, came to the conclusion that the management had waited for sufficient period for the workman to recover and join his duty and, therefore, the said action cannot be said to be illegal or unjustified.