Decided on January 19,2007

J.B.KUMAR Appellant


SHIV NARAYAN DHINGRA, J. - (1.) By this writ petition, the petitioner has challenged the validity of award dated 26.4.2001 passed by Labour Court whereby the reference was answered against the workman/petitioner.
(2.) Briefly, the facts are that the petitioner was working as an Assistant Steward with the respondent No.2 i.e. M/s The Oberoi, on monthly emoluments of Rs.3108/-. On 28.2.1995, he met with a road side accident and started absenting. The management was informed about the accident and the injuries suffered by the workman. The management waited for the petitioner for about one year and four month so that the petitioner may recover from the accident injuries and join the duty. However, the petitioner failed to inform the management about this state of health and progress of recovery till the management asked him vide letter dated 2.7.1996 as to when he would resume his duties. The workman vide letter dated 6.7.1996, asked the management to wait for another six months which was the period likely to take in his recovery. He enclosed a medical certificate dated 6.7.1996 of one Dr. Anil Malik of MCKR Hospital to this effect. In order to assess the physical condition of the workman and possibility of his recovery from the injuries, the management deputed one Dr. H.S. Dhupia to visit his residence and informed the workman that Dr. Dhupia shall visit him on 27th September, 1996. Dr. Dhupia examined the workman and submitted a detailed report on 1.10.1996. Dr. Dhupia opined that the workman will not be able to perform the duties as an Assistant Steward at all even after recovery and the services of the workman were terminated vide letter dated 2.11.1996 on the ground of his continued illness and medical unfitness to perform duties. The petitioner/workman challenged his termination, making allegations against the management of victimization due to his involvement in the union activities. Following dispute was referred to the Labour Court for adjudication: "Whether the termination of services of Shri J.B. Kumar is illegal and/or unjustified and if so, what relief is he entitled and what directions are necessary in this respect""
(3.) The Labour Court, after recording evidence of the both sides, came to conclusion that the management had waited for sufficient period for the workman to recover. The termination of the workman by the management due to his continued illness was not illegal. Hence this writ petition.;

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