TATA SPONG IRON LTD. Vs. G.C.MOHANTA

JUDGEMENT

(1.) SINCE common question of law is involved in both the writ petitions, they were heard together and are being disposed of by this common order.

(2.) WP (C) No.12068 of 2004 has been filed by the Management and WP(C) No.3725 of 2005 has been filed by the workman challenging the award dated 30.4.2004 passed by the Presiding Officer, Labour Court, Sambalpur in I.D. Case No.23 of 2001. The Labour Court answered the reference in favour of the workman on contest and awarded a sum of Rs.1,20,000/ - as compensation in lieu of his reinstatement in service and other benefits.

(3.) THE facts of the present case are as follows: The workman was engaged as Fitter (Electrical) under the management on 10.1.1986. While discharging his duty as such, on 3.10.2000 he met with an accident and he was severely injured. On 4.10.2000, as the doctor was not available at the dispensary of the management, he was referred to Joda West Hospital of TISCO. The doctor advised him to take rest for five days. In spite of treatment, he could not be recovered. Accordingly, he was admitted as an indoor patient on 15.11.2000 in the Joda West Hospital and discharged on 19.11.2000 with advice to take rest. He availed treatment in the dispensary of the management again from 21.11.2000 to 24.11.2000. As the condition of the workman did not improve, he underwent treatment in the District Headquarters Hospital, Keonjhar for further ten days. After recovery, he resumed his duties on 27.12.2000 being declared fit by the Medical Board constituted by the management. The workman intimated all the above facts of his illness to the management but as the management did not receive any intimation, did not direct him to join duty. However, the management issued charge sheet against him on 6.11.2000 to show cause for absent in duty with effect from 10.10.2000 without leave or without sufficient cause. In reply to the same, the petitioner on 14.11.2000 intimated the management that he was medically unfit as declared by TISCO Joda West Hospital from 4.10.2000. He sent unfit certificate to the management through office boy stating that he would join the duty after becoming medically fit. But the management, without considering the matter in its proper perspective, appointed enquiry officer who conducted the domestic enquiry. The Enquiry Officer, by violating the principle of natural justice, gave a finding basing on which the management discharged him from service on 9.3.2001. As the said discharge from service was the outcome of victimization and unfair labour practice, the workman raised an industrial dispute before the Labour Court, Keonjhar. As the conciliation failed, the reference was made to the Labour Court for adjudication of the dispute. The reference is as under: