THERMO TOUCH Vs. SHAIKH NAZIR SHAIKH ABDULLA

JUDGEMENT

(1.) THE facts of this writ petition under Articles 226 and 227 of the Constitution of India reflect the malaise that has gripped the psyche of the workmen because of the liberal attitude shown by Courts in the matter of reinstatement and back -wages.

(2.) BY this writ petition the Petitioner challenges the Award dated 2nd May, 1991 made by the Labour Court, Pune, in Reference (IDA) No. 172 of 1985 under the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act')

(3.) THE Petitioner called upon the First Respondent to resume duty several times, but nothing was heard from him. On 19th April, 1985, the Petitioner wrote a letter to the First Respondent putting the facts on record and called upon the First Respondent to immediately report for duty on receipt of the letter with a Medical Certificate covering the days of his absence. A deadline was given to the First Respondent that he should resume duty on 24th April, 1985 with a Fitness Certificate, failing which he was threatened with disciplinary action.