BUCKINGHAM AND CARNATIC COMPANY LIMITED Vs. VENKATIAH
LAWS(SC)-1960-8-10
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on August 02,1960

BUCKINGHAM AND CARNATIC COMPANY LIMITED Appellant
VERSUS
VENKATIAH Respondents


Cited Judgements :-

JAI NARAIN SINGH VS. INTER DECKER DELHI [LAWS(DLH)-2013-12-386] [REFERRED]
VIJAY KUMAR NARANG VS. UNION BANK OF INDIA AND ORS. [LAWS(DLH)-2015-5-241] [REFERRED TO]
SADHANA TIWARI VS. COMMISSIONER (APPELLATE AUTHORITY), KENDRIYA VIDYALAYA SANGATHAN [LAWS(MPH)-2014-3-121] [REFERRED TO]
VIRENDRA KUMAR GUPTA VS. UNION OF INDIA [LAWS(HPH)-1993-6-2] [REFERRED TO]
STATE OF UTTARAKHAND & ANOTHER VS. UDAI SINGH & ANOTHER [LAWS(UTN)-2017-1-97] [REFERRED TO]
VILAS GANGARAM KHETLE VS. S D RANE PRESIDING OFFICER [LAWS(BOM)-1981-11-3] [REFERRED TO]
VIJAY S. SATHAYE VS. INDIAN AIRLINES LTD [LAWS(SC)-2013-9-27] [REFERRED TO]
STATE OF MP VS. B S BHADORIYA [LAWS(SC)-2014-4-124] [REFERRED TO]
PHYSICAL RESEARCH LABORATORY VS. MUKUL SINHA DR [LAWS(GJH)-1988-6-12] [REFERRED]
BHARAT HEAVY ELECTRICALS LTD VS. R V KRISHNARAO [LAWS(GJH)-1988-8-25] [REFERRED TO]
UNION VS. INDIAN OXYGEN EMPLOYEESSTATE OF TAMIL NADU [LAWS(MAD)-1989-10-22] [REFERRED TO]
FGP LIMITED MUMBAI VS. PRESIDING OFFICER LABOUR COURT III [LAWS(APH)-2005-11-82] [REFERRED TO]
DIRECTOR HR USHODAYA ENTERPRISES PVT LTD VS. DY SECY TO GOVT STATE OF A P [LAWS(APH)-2012-10-5] [REFERRED TO]
SIMPLEX CASTINGS LIMITED VS. PRAGATISHEEL ENGINEERING SHRAMIK SANGH [LAWS(CHH)-2016-5-17] [REFERRED TO]
MANAGING DIRECTOR, U.P. CO VS. IXTH ADDITIONAL DISTRICT AND SESSIONS JUDGE, LUCKNOW AND OTHERS [LAWS(ALL)-2018-8-222] [REFERRED TO]
MOTI SINGH VS. STATE OF U. P. [LAWS(ALL)-2019-4-264] [REFERRED TO]
REGIONAL DIRECTOR, EMPLOYEES STATE VS. NILESHKUMAR JASUBHAI [LAWS(GJH)-2012-3-549] [REFERRED TO]
MANJU SAXENA VS. UNION OF INDIA & ANR [LAWS(SC)-2018-12-28] [REFERRED TO]
KAMBHAM RAMAMURTY REDDI VS. REVENUE DIVISIONAL OFFICER KAKINADA [LAWS(APH)-1971-8-19] [REFERRED TO]
JAI NARAIN SINGH VS. INTER DECKER DELHI [LAWS(DLH)-2012-12-68] [REFERRED TO]
M.C.D. VS. SURENDER KUMAR AND ORS. [LAWS(DLH)-2015-11-157] [REFERRED TO]
PANNALAL THAKUR VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2007-6-58] [REFERRED TO]
PANNALAL THAKUR VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2007-6-58] [REFERRED TO]
ANAND SYNTHETICS PVT. LTD. VS. PRESIDING OFFICER, LABOUR COURT, HARYANA [LAWS(P&H)-2001-4-97] [REFERRED TO]
CHARANJIT SINGH VS. NATIONAL FERTILIZERS & ANOTHER [LAWS(P&H)-2012-2-405] [REFERRED]
RAVINDRA NATH VS. STATE OF U P [LAWS(ALL)-2013-8-116] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SOHAN LAL [LAWS(HPH)-2007-4-83] [REFERRED TO]
RAM BRIKSH PRASAD VS. MEMBERSECRETARY REGIONAL ADMINISTRATIVE COMMITTEE ASSISTANT GENERAL [LAWS(ALL)-2003-5-122] [REFERRED TO]
STATE OF UTTARAKHAND & ANOTHER VS. LUXMI DEVI W/O LATE BACHAN LAL AND ANOTHER [LAWS(UTN)-2017-1-106] [REFERRED TO]
UTTAR PRADESH STATE TEXTILE CORPORATION SPINNING MILLS VS. STATE OF U P [LAWS(ALL)-1996-12-22] [REFERRED TO]
UTTAR PRADESH RAJYA SETU NIGAM SANYUKT KARMACHARI SANGH VS. UTTAR PRADESH STATE BRIDGE CORPORATION LUCKNOW [LAWS(ALL)-1999-5-217] [REFERRED TO]
STATE OF U P VS. IRFAN AHMAD SIDDIQUI [LAWS(ALL)-2000-4-68] [REFERRED TO]
M S MANICKAM VS. MANAGING DIRECTOR CHERAN TRANSPORT CORPORATION POLLACHI [LAWS(MAD)-1980-4-9] [REFERRED TO]
HAJEE ISMAIL SAID AND SON PVT LTD VS. FOURTH INDUSTRIAL TRIBUNAL [LAWS(CAL)-1965-6-16] [REFERRED TO]
KAP STEEL LIMITED VS. STATE OF KARNATAKA [LAWS(KAR)-1999-4-7] [REFERRED TO]
BHARTIYA RESERVE BANK NOTE MUDRAN PVT LTD VS. N KUMARASWAMY [LAWS(KAR)-2006-10-8] [REFERRED TO]
DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED VS. SHAMBHU NATH MUKHERJEE [LAWS(DLH)-1970-2-9] [REFERRED .TOSHNIWAL BROTHERS (P) LIMITED V. THE PRESIDING OFFICER LABOURCOURT AND OTHERS (C. W. 1424]
BOARD OF CONTROL FOR CRICKET IN INDIA VS. REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION [LAWS(SC)-2022-8-112] [REFERRED TO]
BEEYEMS CONSTRUCTION CO. VS. GOVT. OF KERALA [LAWS(KER)-1978-2-36] [REFERRED TO]
RAMACHANDRAN VS. LABOUR COURT [LAWS(KER)-1982-1-2] [REFERRED TO]
PARRY and CO LTD VS. SECRETARY HOME LABOUR I DEPARTMENT GOVERNMENT OF ANDHRA PRADESH HYDERABAD [LAWS(APH)-1971-9-32] [REFERRED TO]
MAGASVARGIYA SHIKSHAN SANSTHA AND ORS. VS. BHAUSAHEB SONAJI KAKADE AND ORS. [LAWS(BOM)-2016-5-24] [REFERRED TO]
MAGASVARGIYA SHIKSHAN SANSTHA AND ORS. VS. BHAUSAHEB SONAJI KAKADE AND ORS. [LAWS(BOM)-2016-5-24] [REFERRED TO]
HUKAM CHAND VS. PRESIDING OFFICER INDUSTRIAL TRIBUNAL CUM LABOUR COURT [LAWS(P&H)-2003-8-32] [REFERRED TO]
THE DIVISIONAL MANAGER, HIMACHAL PRADESH STATE FOREST CORPORATION, HAMIRPUR DIVISION AT HAMIRPUR, HIMACHAL PRADESH VS. THE PRINCIPAL SECRETARY LABOR TO THE GOVERNMENT OF HIMACHAL CIVIL SECRETARIAT SHIMLA-2, HIMACHAL PRADESH, [LAWS(HPH)-2011-12-212] [REFERRED TO]
REGIONAL DIRECTOR ESI CORPORATION THRISSUR VS. G SIVAPRASAD PROPRIETOR M S BRICKS KOLLAM [LAWS(KER)-2009-7-21] [REFERRED TO]
COMMISSIONER K V S VS. GAYATRI MISHRA [LAWS(ORI)-2010-10-19] [REFERRED TO]
JHARKHAND MEDIA PRIVATE LIMITED THROUGH ITS DIRECTOR PREM SHANKAR VS. SUNIL SINGH [LAWS(JHAR)-2019-4-19] [REFERRED TO]
SHABIR HUSSAIN BANDAY VS. UNIVERSITY OF KASHMIR [LAWS(J&K)-2012-7-16] [REFERRED TO]
THE BANGALORE TURF CLUB LTD VS. REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION [LAWS(SC)-2014-7-92] [REFERRED TO]
AVERY CO OF INDIA PRIVATE LTD VS. SECOND INDUSTRIAL TRIBUNAL [LAWS(CAL)-1967-11-9] [REFERRED TO]
SOMARAJAN VS. MANAGEMENT OF A R C ENGINEERING WORKS [LAWS(MAD)-1980-8-43] [REFERRED TO]
USHODAYA ENTERPRISES PVT LTD HYDERABAD VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2012-10-86] [REFERRED TO]
G T LAD VS. CHEMICAL AND FIBRES OF INDIA LIMITED [LAWS(SC)-1978-12-21] [REFERRED TO]
SHAMIM AHMAD KHAN VS. STATE OF BIHAR [LAWS(PAT)-2004-10-25] [REFERRED TO]
CHHEDAN LAL RASTOGI VS. THE CHANCELLOR, KANPUR UNIVERSITY AND ORS. [LAWS(ALL)-2016-2-6] [REFERRED TO]
MANAGING DIRECTOR, U.P. CO VS. DISTRICT AND SESSIONS JUDGE, LUCKNOW AND OTHERS [LAWS(ALL)-2018-8-223] [REFERRED TO]
G.S. SANDHU VS. PRESIDING OFFICER, LABOUR COURT PATIALA [LAWS(P&H)-2006-7-614] [REFERRED TO]
State of H.P. VS. Prem Lal [LAWS(HPH)-2009-12-47] [REFERRED TO]
CHIPPING AND PAINTING EMPLOYERS ASSOCIATION PRIVATE LIMITED VS. A T ZAMBRE [LAWS(BOM)-1968-3-3] [REFERRED TO]
KASHIBAI SACHIDANAND VS. HINDUSTAN PENCILS PRIVATE LIMITED [LAWS(BOM)-1974-2-13] [REFERRED TO]
ENGINEERS INDIA LTD VS. PRESIDING OFFICER LABOUR COURT [LAWS(DLH)-2018-3-83] [REFERRED TO]
IRSHAD AHMAD BHAT VS. STATE OF J&K AND ORS. [LAWS(J&K)-2015-12-10] [REFERRED TO]
PONNI SUGAR AND CHEMICALS LIMITED VS. CAUVERY SUGAR AND CHEMICALS LIMITED [LAWS(MAD)-2001-3-8] [REFERRED TO]
A ANANTHAN VS. MANAGING DIRECTOR [LAWS(MAD)-2005-8-45] [REFERRED TO]
EMPLOYEES STATE INS. CORPN. VS. KISHANLAL GULJARILAL [LAWS(GJH)-2017-4-10] [REFERRED TO]
KUBERLAL RUPJI PRAJAPATI VS. RAS RANJAN FOOD PRODUCTS PVT. LTD. [LAWS(GJH)-2020-1-252] [REFERRED TO]
PRIYA ENTERPRISES VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2008-4-110] [REFERRED TO]
COCHIN DOCK LABOUR UNION VS. COCHIN DOCK LABOUR BOARD [LAWS(KER)-1967-3-20] [REFERRED TO]
WATER SUPPLY AND SEWAGE DISPOSAL VS. P O LABOUR COURT [LAWS(DLH)-2013-5-485] [REFERRED TO]
HAKAM ALI VS. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM- LABOUR COURT [LAWS(P&H)-2010-12-88] [REFERRED TO]
BALAK RAM MAHAJAN VS. UNION OF INDIA [LAWS(HPH)-1993-6-11] [REFERRED TO,]
MAHENDRA MISHRA VS. UP-NIDESHAK ALIASPRASHASANALIAS RAJYA KRISHI UTPADAN MANDI PARISHAD ALLAHABAD [LAWS(ALL)-2003-12-53] [REFERRED TO]
HINDUSTAN AERONAUTICS LTD. VS. INDUSTRIAL TRIBUNAL II [LAWS(ALL)-2007-3-317] [REFERRED TO]
SHAMBHU PRASAD VS. PRESIDING OFFICER AND OTHERS [LAWS(UTN)-2017-1-14] [REFERRED TO]
STATE OF U P & ANOTHER VS. RAJENDRA PRASAD & ANOTHER [LAWS(UTN)-2016-12-131] [REFERRED TO]
MURLIDHAR BABULAL SHAH VS. EAGLE VACUUM BOTTLE MANUFACTURING COMPANY PRIVATE LIMITED [LAWS(BOM)-1980-8-17] [REFERRED TO]
ESCORTS LIMITED, FARIDABAD VS. INDUSTRIAL TRIBUNAL, HARYANA, FARIDABAD [LAWS(P&H)-1982-8-36] [REFERRED TO]
RAJVEER SINGH VS. JUDGE LABOUR COURT [LAWS(RAJ)-1995-8-21] [REFERRED TO]
DHARAM VEER VS. STATE OF U P [LAWS(ALL)-1998-4-158] [REFERRED TO]
ASHOK KUMAR PANDEY VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1999-9-32] [REFERRED TO]
HAJEE ISMAIL SAID AND SON PVT LTD VS. FOURTH INDUSTRIAL TRIBUNAL [LAWS(CAL)-1965-7-5] [REFERRED TO]
TRANSPORT CORPORATION OF INDIA VS. EMPLOYEES STATE INSURANCE CORPN [LAWS(SC)-1999-11-7] [REFERRED]
EMPLOYEES STATE INSURANCE VS. NILESHKUMAR JASUBHAI [LAWS(GJH)-2012-3-182] [REFERRED TO]
MOHANBHAI MANIBHAI PATEL VS. BEENA ENGINEERING CORPORATION [LAWS(GJH)-2012-7-581] [REFERRED TO]
VIRENDRAPRASAD RAMNARAYAN SHUKLA VS. SERVICES AUTO PETROL PUMP [LAWS(GJH)-2021-9-11] [REFERRED TO]
JAGDISH MITRA SHARMA VS. JIYAJEE RAO COTTON MILLS LTD [LAWS(MPH)-1968-7-11] [REFERRED TO]
PURE KUSTORE COLLIERY VS. KHAN MAZDOOR CONGRESS (BY GENERAL [LAWS(PAT)-1968-8-16] [REFERRED TO]
BOARD OF TRUSTEES FOR THE PORT OF KOLKATA VS. M S KHANDPUR [LAWS(CAL)-2007-10-15] [REFERRED TO]
OM PRAKASH SHARMA VS. ONIDA SAVAK LTD [LAWS(DLH)-2015-7-14] [REFERRED TO]
SANJEEV AGGARWAL VS. THE REGIONAL MANAGER, STATE BANK OF INDIA AND ORS. [LAWS(HPH)-2015-7-91] [REFERRED TO]
MOHD VAKIL KHAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2006-4-232] [REFFERED TO]
MAHABALI VS. CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(ALL)-2005-9-357] [REFERRED TO (SC)]
SUDHIR SINGH VS. BHARAT HEAVY ELECTRICALS LIMITED [LAWS(UTN)-2012-5-11] [REFERRED TO]
STATE OF U.P. AND ANOTHER VS. SRI PAWAN KUMAR AND ANOTHER [LAWS(UTN)-2016-12-32] [REFERRED TO]
STATE OF U P & ANOTHER VS. PRESIDING OFFICER, LABOUR COURT, HARIDWAR AND ANOTHER [LAWS(UTN)-2017-1-108] [REFERRED TO]
RAMBUVAL THAKOREPRASAD VS. PHOENIX MILLS LTD [LAWS(BOM)-1974-3-19] [REFERRED TO]
MANAGING DIRECTOR PANCHGANGA SAHAKARI SAKHAR KARKHANA LTD VS. BABASAHEB DEVGONDA PATIL [LAWS(BOM)-1987-6-40] [REFERRED TO]
MANAGING COMMITTEE OF JATA HIGH SCHOOL AND ORS. VS. STATE OF ORISSA AND ORS. [LAWS(ORI)-2014-7-58] [REFERRED TO]
JAYA CHANDRA MISHRA VS. UNION OF INDIA AND OTHERS [LAWS(ORI)-2018-1-29] [REFERRED TO]
YASHODA KUMARI VS. RAJASTHAN STATE ROAD TRANSPORT [LAWS(RAJ)-1984-8-22] [REFERRED TO]
Bharatiya Reserve Bank Note Mudran Pvt. Ltd. (A wholly owned subsidiary of Reserve Bank of India) rep. by its Deputy General Manager VS. Sri. N. Kumaraswamy and others [LAWS(KAR)-2006-10-81] [REFERRED TO]
MANGEMENT OF BHAVANI MILLS LTD VS. PRESIDING OFFICER LABOUR COURT [LAWS(MAD)-1969-7-5] [REFERRED TO]
M S MANICKAM VS. CHERAN TRANSPORT CORPORATION [LAWS(MAD)-1980-4-45] [REFERRED TO]
ANIL KUMAR MITRA VS. CHAIRMAN COMMISSIONERS FOR THE PORT OF CALCUTTA [LAWS(CAL)-1968-6-16] [REFERRED TO]
REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORP VS. RATILAL MAGANBHAI [LAWS(GJH)-2018-7-15] [REFERRED TO]
NATIONAL ENGINEERING INDUSTRIES LIMITED JAIPUR VS. HANUMAN [LAWS(SC)-1967-10-2] [REFERRED]
MANAGEMENT OF SWADESHI COTTON MILLS VS. PRESIDING OFFICER LABOUR COURT PONDICHERRY [LAWS(MAD)-2008-4-224] [REFERRED TO]
DURGA DUTT SHARMA VS. PRESIDING OFFICER [LAWS(P&H)-1996-2-100] [REFERRED TO]
SISIR KUMAR MONDAL VS. STATE OF W B [LAWS(CAL)-2007-8-76] [REFERRED TO]
UNIVERSITY OF DELHI VS. RAM SHEKHAR JHA AND ORS. [LAWS(DLH)-2015-2-287] [REFERRED TO]
AJEET KUMAR VS. STATE OF HIMACHAL PRADESH & ORS [LAWS(HPH)-2016-9-306] [REFERRED TO]
NANKU VS. UNION OF INDIA [LAWS(HPH)-1993-12-10] [REFERRED TO]
HIMACHAL PRADESH STATE ELECTRICITY BOARD AND ORS. VS. GHANSHYAM AND ORS. [LAWS(HPH)-2010-6-132] [REFERRED TO]
SUNIL KUMAR NEGI VS. STATE OF H.P. [LAWS(HPH)-2014-9-113] [REFERRED TO]
LAKHTE MUSTAFFA KAZMI VS. STATE OF U P [LAWS(ALL)-2003-4-92] [REFERRED TO]
ANIRUDDHA MANNA VS. UNION OF INDIA [LAWS(CAL)-2013-10-44] [REFERRED TO]
STATE OF U.P. VS. SRI SUKH RAM [LAWS(UTN)-2017-3-22] [REFERRED TO]
N VENKATRAMANI VS. INDIAN BANK [LAWS(MAD)-2005-7-225] [REFERRED TO]
YASHPAL SINGH VS. STATE AND ORS. [LAWS(J&K)-2015-7-48] [REFERRED TO]
EXECUTIVE ENGINEER VS. LOKESH REDDY [LAWS(KAR)-2003-4-5] [REFERRED TO]
K N VELLAYAN VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-1979-2-26] [REFERRED TO]
HEMA RITESH THAKKER & OTHERS VS. STATE OF GUJARAT THROUGH REGISTRAR [LAWS(GJH)-2016-8-54] [REFERRED TO]
PRAYAG DUTTA TRIPATHI VS. PATNA UNIVERSITY [LAWS(PAT)-2009-11-140] [REFERRED]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION VS. KRISHNA KANT [LAWS(SC)-1995-5-69] [REFERRED TO]
MANAGEMENT OF ELECTRIC CONTROL SWITCHBOARDS VS. PRESIDING OFFICER [LAWS(DLH)-2009-2-89] [REFERRED TO]
BLOW PLAST LIMITED VS. NAFISA SHABBIR HUSSAIN MASHRAQUI [LAWS(BOM)-1997-4-46] [REFERRED TO]
KAY KAY EMBROIDERIES PVT LTD VS. CLOTH MARKETS AND SHOPS BOARD [LAWS(BOM)-2006-8-66] [REFERRED TO]
EMPLOYEES STATE INSURANCE CORPORATION VS. DWARKA PRASAD AGARWAL [LAWS(MPH)-1986-7-18] [REFERRED TO]
EMPLOYERS IN RELATION TO THE MANAGEMENT OF PANDAVESWAR COLLIERY OF EASTERN COAL FIELDS LTD. AND ANOTHER VS. UNION OF INDIA AND OTHERS [LAWS(CAL)-1998-4-42] [REFERRED TO]
HINDUSTHAN FERTILIZER CORPN LTD VS. SUBHAS CHANDRA MUKHERJEE [LAWS(CAL)-1991-9-23] [REFERRED TO]
BASIC SHIKSHA PARISHAD VS. RAM KISHORE [LAWS(ALL)-2014-10-85] [REFERRED TO]
DELHI TRANSPORT CORPORATION VS. DELHI ADMINISTRATION DELHI [LAWS(DLH)-2001-10-140] [REFERRED 2.]
EXECUTIVE ENGINEER, HPPWD VS. ATTAR SINGH [LAWS(HPH)-2014-5-79] [REFERRED TO]
SOHAN LAL SINGH MISHRI LAL SINGH VS. BASIC EDUCATION BOARD [LAWS(ALL)-2004-1-38] [REFERRED TO]
National Insurance Company Limited VS. Arumugham [LAWS(MAD)-2006-1-30] [REFERRED TO]
ORISSA BRIDGE AND CONSTRUCTION CORPORATION LTD. VS. SURENDRA CHANDRA DAS [LAWS(ORI)-2009-3-71] [REFERRED TO]
MAYA AGRO PRODUCTS LTD VS. UNION OF INDIA UOI [LAWS(ALL)-1996-1-5] [REFERRED TO]
BHARAT HEAVY ELECTRICALS LTD VS. LABOUR COURT U P AT MEERUT [LAWS(ALL)-1999-8-4] [REFERRED TO]
G.NAGENDER VS. ADDITIONAL INDUSTRIAL TRIBUNAL-CUM-ADDITIONAL LABOUR COURT [LAWS(APH)-2014-1-13] [REFERRED TO]
GENERAL SECRETARY BHARATH EARTH MOVERS EMPLOYEES ASSOCIATION VS. DEPUTY CHIEF LABOUR COMMISSIONER CENTRAL [LAWS(KAR)-1998-8-26] [REFERRED TO]
MANAGEMENT, N.N. 565 THIRUVETRIYUR PRIMARY AGRICULTURAL, CO-OPERATIVE BANK LTD VS. LABOUR COURT, MADURAI AND K. MUNIYASAMY [LAWS(MAD)-2014-4-165] [REFERRED TO]


JUDGEMENT

- (1.)The principal question which arises in this appeal relates to the true scope and effect of the provisions contained in S. 73 of the Employees' State insurance Act, 1948 (hereinafter called the Act). The Appellant, the Buckingham and Carnatic Company Ltd., is a company registered under the Indian Companies Act and its registered office is at Madras. It has a Textile Mill in Madras City which employs 14,000 workmen. On January 10, 1957, the respondent Venkatiah whose case is sponsored by the respondent Union, the Madras Labour Union, had gone on leave for six days. Taking into account the intervening holidays, the said leave expired on January 18, 1957. He, however, did not join duty on January 19, as he should have, but remained absent without leave without sending to the appellant any communication for extending his leave. On March 11, 1957 he sent a letter to the appellant stating that sometime after reaching his village near Kanigiri he suffered from fever and dysentery and was treated by the Civil Assistant Surgeon, Kanigiri. This letter was accompanied by a certificate issued by the said Civil Assistant Surgeon. In this certificate it was stated that Venkatiah suffered from chronic malaria and dysentery from 15th January to 7th march 1957. When he appeared before the Manager of the Company, he was asked to go to the Senior medical Officer of the appellant for examination. The said Officer examined him and was unable to confirm that he had been ailing for a period of nearly two months. Acting on that opinion, the appellant refused to take back Venkatiah and when Venkatiah pressed to be taken back, the appellant informed him on March 23, 1957 that he could not be reinstated as his explanation for his absence was unsatisfactory. The case of Venkatiah was treated by the appellant under Standing Order No. 8(ii) of the Standing Orders of the appellant.
(2.)Meanwhile, Venkatiah had applied to the Employees State Insurance Corporation and on or about June 5, 1957 he obtained cash sickness benefit for the period covered by the medical certificate issued by the Civil Assistant Surgeon. Kanigiri. The Regional Director to whom Venkatiah had applied for the said assistance accepted the said certificate as alternative evidence and directed that payment may be made to him to the extent permissible under the Act. Accordingly, Rs. 82/14/- were paid to him.
(3.)When the appellant refused to take back Venkatiah in its employment, the respondent Union took up his case and it was referred for adjudication to the Labour Court at Madras as an industrial dispute (S. R. O. No. A-5411 of 1958). Before the Labour Court the appellant urged that the reference made was invalid and it also contended that the termination of Venkatiah's services was justified. The Labour Court rejected the appellant's preliminary objection about the invalidity of the reference. It held that if the matter had to be considered solely by reference to the Standing Orders, the appellant was entitled to succeed, because it was justified in acting upon the opinion given by its Medical Officer in regard to the alleged illness of Venkatiah. When the said opinion was attacked before the Labour Court it observed that it was easy to make such an attack and it held that "he was not inclined to accept the correctness of the criticism in the absence of any strong evidence to show that the Medical Officer was prejudiced against the worker and was motivated with the idea of victimisation." The respondent, however, succeeded before the Labour Court primarily on the ground that the decision of the appellant not to take back Venkatiah was inconsistent with the provisions of Section 73 of the Act. That is why the Labour Court directed the management of the appellant to reinstate Venkatiah within two weeks after its award came into force without liability to pay back wages, but with continuity of service.
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