RALLIWOLF LTD Vs. ASSOCIATION OF ENGINEERING WORKERS

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India, the petitioner has impugned an Award dated 30th September, 1989 made by the Third Labour Court, Thane, in reference (IDA) No. 137 of 1980 under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act".

(2.) ACCORDING to the First Respondent-Union, the workmen concerned in the Reference, m. Y. Joshi was suffering from Schizophrenia from or about 9th August, 1979, resulting in his remaining absent from work. The petitioner company sent a registered A. D. letter to his address, which was returned unserved. It also attempted to serve a charge-sheet on the said workman for remaining absent for more than a consecutive period of 10 days from 9th August, 1979. The charge-sheet also remained unserved. A notice about the charge-sheet and inquiry was published in a local Marathi daily, after which the company held an ex-parte inquiry against the workman and dismissed him from service. The First Respondent-Union raised an industrial dispute demanding reinstatement of the workman, which came to be referred to the Labour Court vide reference (IDA) No. 137 of 1980.

(3.) THE Labour Court in its Award has recorded a finding that the concerned workman had proved that he was prevented from attending his duty and also the inquiry on account of the mental sickness and that his relations had informed the Petitioner Company about the said fact. In paragraph 32 of the Award, there is reference to a Postal Receipt No. 4962 dated 9th february, 1980 and the original postal acknowledgment showing that the registered letter written by the wife of the concerned workman, Smt. Sunantha N. Joshi, was received by the Petitioner on 11th February, 1980, though a copy of the letter has not been filed on the record by the workman.