JAGADLSWARA T Vs. MANAGER THE MADANAPALLL SPLNNLNQ MILLS

JUDGEMENT

(1.) This writ petition is directed against the award dated 13-9-1990 in Industrial Dispute No. 196 of 1988 on the file of the Industrial Tribunal-cum-Labour Court, Anantapur holding that the petitioner himself abondoned his post with effect from 13-6-1987.

(2.) Few facts which are relevant to be noticed for the purpose of disposal of this writ petition are stated briefly as under:- The petitioner joined the respondent-mill as a Trainee-workman in the month of June, 1976 and hit; services were regularised in 1978. When he was on night duty on 23-7-1984, he fell down due to physical fatigue, and became unconscious. The petitioner was removed to the E.S.I. Hospital at Madanapalle, and on the advice of the Doctor therein, he was further removed to E.S.I. Hospital at Adoni for treatment. After taking the treatment the petitioner rejoined the mill after producing the medical certificate issued by the Doctors at Adoni. Again when he was on duty on 3-5-1987 in the night shift, he sufferred epyleptic attack. He was first treated in the local E.S.I. Hospital, and on the advice of the Doctor therein he was subsequently removed to S.V.R.R. Hospital, Tirupati, said to be a Government Hospital. The petitioner took treatment in that Hospital between 5-6-1987 and 13-6-1987, and he was discharged from the Hospital on 13-6-1987. The Superintendent of the said Hospital issued certificate dated 13-6-1987 certifying that the petitioner was in good health and he could attend to the duty. Armed with this certificate, the petitioner made a representation to the first respondent to take him into duty. The first respondent did not permit the petitioner to join the duty; on the other hand, a show-cause notice was issued on 23-7-1987 calling upon the petitioner to give his explanation for alleged epilepsy. The petitioner offered his explanation on 30-7-1987 pointing out that he was in good health, and he sufferred epilepsy only for a short period. It seems from the records that the management conducted an enquiry on 19-8-1987. After this enquiry, on 6-10-1987 the General Manager of the respondent-mill in his letter .required the petitioner to produce the fitness certificate issued by the Medical Board of E.S.I. Corporation. The petitioner accordingly made representations dated 10-10-1987 and 20-11-1987 both addressed to the Regional Director, E.S.I. Hospital, Hyderabad requesting the latter to examine him and issue certificate. There was no reply from the Regional Director except issuing acknoledgment for receiving the representations. However, one Mr. C.P. Madhavan, Manager of the local office of E.S.I. Corporation at Tirupati sent a letter dated 14-12-1987 to the petitioner, which reads as under:-

(3.) The learned presiding officer of the Labour Court after appreciation of evidence placed before him came to the conclusion, mat the petitioner himself abandoned the job with effect from 13-6-1987, and it was not a case of termination of his services by the management. In view of that finding, the Labour Court refused to grant any relief to the workman. Hence this writ petition by the workman.