GUJARAT GUARDIAN LTD Vs. HEMANT JAYANTIBEN JOSHI

JUDGEMENT

(1.) THE petitioner - Gujarat Guardian Limited is before this Court being aggrieved by judgment and award dated 14.06.2006 passed by the Labour Court, Bharuch in Reference (LCB) No.137 of 1998, a copy of which is produced at Annexure 'A'. The learned Judge of the Labour Court is pleased to allow the Reference partly and ordered reinstatement of the workman on his original post with 30% back wages from 01.10.1999. The learned Judge of the Labour Court was pleased to direct that the award be implemented within 30 days from the publication of award.

(2.) THE learned senior advocate for the petitioner invited attention of the Court to the facts of the case which are set out in paras 2.1, 2.2, 2.3, 2.4, 2.5 and 2.6 of the petition, which are set out for ready perusal hereunder:

(3.) THE learned senior advocate for the petitioner submitted that this communication was replied by the respondent workman vide letter dated 02.04.1997, wherein he undertook to produce medical certificate on 03.04.1997. It is this certificate which is referred to by the learned Judge of the Labour Court, which is not produced till last. The learned senior advocate invited attention of the Court to various communications whereby the respondent workman was asked to appear before doctor of the Company on 17.04.1997, but he did not appear on that day and stated in the communication dated 17.04.1997 that he will not be able to appear before 20.04.1997. The respondent workman was asked to appear before the doctor on 21.04.1997. Even on that day he did not appear. Therefore, the Company, as last chance, asked him to appear before the Company's doctor on 07.05.1997, but on that day also he did not appear before the doctor. Therefore, departmental proceedings were undertaken.