A MANOKARAN Vs. MANAGEMENT OF FUTURA POLYESTERS LTD

JUDGEMENT

(1.) THIS Writ Appeal is directed against the order, dated 25.07.2008, passed in W.P.No.23446 of 2007, whereby a learned single Judge of this Court set aside the award of the second respondent Labour Court, ordering reinstatement of the appellant with back wages, continuity of service and all other attendant benefits.

(2.) APPELLANT was employed as a Plant Operator in the first respondent's manufacturing unit on 14.07.1989. He remained absent from 09.02.2004 for psychosomanic illness. When he reported for duty on 21.02.2004, the first respondent advised him to appear before the Medical Board to ascertain his fitness for duty. Since the appellant refused to appear before the Medical Board, the first respondent, by an order, dated 08.09.2004, discharged him from service with retrospective effect on the ground that he was unfit for work.

(3.) THE second respondent Labour Court dealt with the complaint on merits and passed an award, dated 10.05.2007, directing the first respondent to reinstate the appellant in service with back wages, continuity of service and all other attendant benefits, holding that the order of termination, dated 08.09.2004, was passed in violation of the provisions of Section 33 of the Act the first respondent failed to hold an enquiry before passing the order of discharge the first respondent also did not ask for any opportunity to let in any evidence to support the order of discharge the first respondent failed to prove the medical unfitness of the appellant and, hence, the order of termination was invalid. THE said award of the Labour Court was challenged before the learned single Judge in the present impugned W.P.No.23446 of 2007, whereupon the award was set aside, remitting the matter back to the second respondent Labour Court for a de novo enquiry, permitting the parties to let in evidence with regard to non-employment of the appellant. Hence, this Writ Appeal, at the instance of the workman.