MOHSEN JUTE MILLS LTD. Vs. LABOUR COURT

JUDGEMENT

(1.) This appeal, following leave has been preferred by the respondent-appellant Mohsen Jute Mills Ltd. against the judgment and order dated 6.8.96 passed by a Division Bench of the High Court Division in Writ Petition No. 3684 of 1992 discharging the Rule.

(2.) Respondent No. 2 was a permanent senior clerk of the appellant's mill. Due to his physical incapacity the mill authority on 27.12.89 discharged him from service under Section 16 of the Employment of Labour (Standing Orders) Act, 1965 briefly, "the Act". After serving a grievance notice under Section 25(1) (a) of the Act he instituted Complaint Case No.11 of 1990 in the Labour Court, Khulna under Section 25 (b) thereof stating, inter alia, that till 1985 he had a fair service record. In 1986 his mother died and his younger brother also died in a serious accident. Due to several such family troubles he was attacked with serious diseases. On several occasions he had to avail of leave on medical ground for treatment and rest. Lastly on 10.12.89 he again fell ill and by sending a leave application with a medical certificate, he prayed to the authority, for one month's leave. On 9.1.90 he went to the mill to join his service with a fitness certificate from a doctor dated 8.1.90 but the concerned authority did not allow him to join. They supplied him instead with the impugned letter of discharge from service dated 27.12.89. The said order of discharge having been passed without giving him any chance to show cause is illegal and void.

(3.) The appellant contested the case before the Labour Court by filling a written objection denying the case of respondent No. 2 stating, inter alia, that the case was not maintainable and that respondent No. 2 due to continuous ill health became incapable of working which is evident from his service record. In 1986, 1987, 1988 and 1989 he remained absent from service on medical grounds for 76 days, 69 days, 131 days and 211 days respectively. By an office memo dated 28.1.89 the concerned authority issued a notice of caution against him for warning that action will be taken against him in accordance with law for any future absence from duty giving a statement of his above mentioned absence from duty since 1986. Even after receipt of the said notice he prayed for one month's leave on 10.12.89 on medical ground. Ultimately in the greater interest of the mill he was discharged from service under section 16 of the Act, as he had become incapable of working due to physical incapacity.