SURESH VISHRAM SAWANT Vs. CEAT LIMITED

JUDGEMENT

(1.) By the present writ petition, the petitioner challenges the Judgment and Order dtd. 4/4/2012 passed by the Industrial Court, Mumbai in Revision Application (ULP) No. 54 of 2009, whereby the revision preferred by the respondent company was allowed, and the order dtd. 3/2/2009 passed by the Labour Court, Thane in Complaint (ULP) No. 289 of 2002 came to be set aside.

(2.) The facts giving rise to the present writ petition, in brief, are as follows. The petitioner joined the services of the respondent company as a badli employee on 9/6/1971. He was thereafter appointed as a trainee designated as "Bagger Debagger" on 1/10/1971 and subsequently continued as a temporary employee. The petitioner was placed on probation with effect from 1/4/1972 and was thereafter confirmed as a permanent employee on 1/7/1972 in the post of Curing Operator.

(3.) In the year 1996, the petitioner was granted two increments and was promoted and transferred from the Mackanal Sec. to the Curing Department and thereafter to the BOM Sec. as BOM Operator-A. According to the petitioner, until the period 1996 to 1997, he had not suffered from ailments such as asthma or bronchitis arising out of the working conditions in the respondent company. On 10/7/2001, the respondent company issued a show cause notice alleging that the petitioner had remained absent for 67 days during the year 2000 and for 25 days during the year 2001 on medical grounds. The petitioner submitted his reply on 14/7/2001. Thereafter, by letter dtd. 1/12/2001, the respondent company granted what was described as a last and final opportunity to improve his health, indicating that in the event of continued ill health, termination of service would follow.