BATA INDIA LTD., CALCUTTA Vs. B.H. NATHANI

JUDGEMENT

(1.) This Special Civil Application is directed against the award of the Presiding Officer of the Labour Court at Rajkot directing reinstatement of a workman with back wages from Dec. 14 1970 to Dec. 12, 1972.

(2.) The relevant facts giving rise to this petition are these. The dispute that was referred to the Labour Court was whether Shri B. H. Nathani (respondent) should be reinstated with full back wages from Nov. 28, 1970. The petitioner is Bata India Limited, Calcutta, and the respondent-workman was employed as a salesman at the Company's shop at Porbandar. The respondent applied for privilege leave from Jane 15, 1970 to July 5,1970 and went to Kampala, Uganda, on June 17, 1970. While at Kampala, he met with an accident on July 1, 1970 and suffered fracture of his leg. Then he sent his report from there on July 2, 1970 asking for leave up to Dec. 12, 1970. The Company granted him leave only up to November 4, 1970. He also enclosed with his leave application a medical certificate seeking leave from November 5, 1970 to December 12, 1970. The dispute between the Company and the workman is whether the workman absented himself without leave from Nov. 5, 1970 till Nov. 28, 1970, the date on which his services were terminated under the Standing Orders of the Company. The workman reported to duty on Dec. 14, 1970 but as he was not entertained, he raised a dispute which was ultimately referred to Labour Court. The Labour Court on the material placed before it by both sides recorded two findings; (1) that the respondent- salesman was a 'workman' within the meaning of S. 2(s) of the Industrial Disputes Act; and (2) that he was not absent without leave for sufficient cause. These two findings are assailed by Mr. Nanavati appearing for the Company.

(3.) According to Mr. Nanavati there is nothing to suggest from the material placed before the Labour Court that the workman was advised bed-rest by the Medical Officer who treated him and that as he had not asked for extension of leave in time as provided in the Standing Orders, the Company was left with no alternative but to terminate his services.