PURE KUSTORE COLLIERY Vs. BHAJAN DUSADH

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for quashing the award, dated 15 July 1967, of the Central Industrial Tribunal, Dhanbad, setting aside the termination of the employee Bhajan Dusadh by the petitioner -employers and directing his reinstatement with other consequential reliefs (annexure I).

(2.) Workman Bhajan Dusadh (opposite party. 1, hereinafter referred to as the workman) was a trammer of No. 4 pit of the colliery of the petitioners. He went home after taking leave from 30 November to 17 December 1964. He applied for extension of his leave by three weeks on the ground that he was suffering from pain in the chest and stomach, but the petitioners refused to grant leave and by their letter dated 21 December 1964, they informed him that extension of leave prayed for had not been granted and directed him to join his duties before 23 December 1964. The workman did not come on that date, but presented himself on duty on 27 January 1965 along with a medical certificate of fitness granted to him by Dr. A. Mukherjee, z.o., Academy of Medicine (Vienna) (Specialist in Ophthalmology), Durga Pharmacy, Lakhisarai, dated 26 January 1985, stating therein that Bhajan Dusadh, village Duddi, Lakhisarai, was suffering from arthritis -knee joints. Ho was under his treatment from 24 December 1964, and that he was fit to join his duty from 27 January 1965. On 29 January 1965, the petitioners served a letter on the workman to show cause as to why he should not lose his lien of his appointment and his name be not placed in the badli list. The workman showed cause but the petitioners were apparently not satisfied with his explanation and as such, struck off his name from permanent roll and kept him on the badli list.

(3.) The case of the workman was that he was not keeping good health and was an outdoor patient of Central Hospital of Jagjiwan Nagar, Dhanbad, from 7 to 24 November 1964. He produced the outdoor patient slip (Ex. W. 1). As he was still not well he applied for leave for three months for going home in order to recoup his health but the petitioners only granted him fifteen days' earned leave. When the workman received the letter from the petitioners asking him to join his duties on 28 December 1964, he was still ill and was not in a fit condition to take the journey. After he recovered from his illnes3 he returned to duty on 27 January 1965, with a medical certificate (Ex. W. 2) dated 28 January 1985 from Dr. A. Mukherjee of Lakhisarai. No inquiry was held by the petitioners nor was the workman given an opportunity to substantiate his case as to why he could not resume his duties before 27 January 1935. The workman farther contended that as he was an active member of the Khan Mazdoor Congress branch he was victimized by the petitioners. A list of 36 workmen was filed before the tribunal to show that though they overstayed for more than eight days from 1963 to June 1967 (sic), their services were not terminated because they did not belong to Khan Mazdoor Congress branch. It may be mentioned here that no rebutting evidence by the petitioner -employers was adduced in the case.