- (1.) Heard Sri Arvind Kumar, learned Counsel for the petitioner and Sri Mahendra Kumar Mishra, learned Counsel for legal representatives of workman respondent No. 1. This writ petition is directed against award dated 20.9.2006 given by Presiding Officer, Labour Court (III), U.P. Kanpur in Adjudication Case No. 102 of 1996. The matter which was referred to the Labour Court was as to whether the action of petitioner-employer terminating the services of its workman-respondent No. 1 w.e.f. 24.9.1993 was just and valid or not.
(2.) The workman himself admitted that he was appointed in the year 1968, however since 3.2.1975, he was suffering from mental disease hence he could not appear to work for 18 years and after full recovery he appeared along with medical and fitness certificate on 24.7.1993 but he was not taken back in service. Labour Court has mentioned that petitioner filed some Under Postal Certificate (U.P.C.) receipts of 1975, 1976, 1977, 1989, 1990, 1991 and 1992. Labour Court has itself mentioned that plaintiff did not file copy of any application which may have been sent through U.P.C. in between 1977 to 1989. There was not even an allegation that some information through U.P.C. was sent for 12 years (between 1977 and 1989). What was the medical certificate has not been mentioned in the award. Sending letter/application through U.P.C. does not raise presumption of service. In this regard, reference may be made to Shiv Kumar v. State of Haryana, 1994 4 SCC 445 , (para-6) wherein the notices by the management to workman were sent through certificate of posting which fact was disputed and in that context Supreme Court observed "We have not felt safe to decide the controversy at hand on the basis of the certificates produced before us, as it is not difficult to get such postal seals at any point of time." The said authority has been quoted with approval in Fakir Mohd. v. Sita Ram, 2002 AIR(SC) 433 What the Supreme Court has said in the above authority regarding U.P.C. can also be said about medical certificates of private doctors produced by interested parties. Unscrupulous private doctors may issue such certificates at any time showing any type of complicated undetectable disease.
(3.) The Labour Court directed reinstatement and further directed that leave shall be sanctioned in accordance with law. Through interim order dated 18.12.2006 passed in this writ petition execution of the impugned award was stayed. The workman has died and substituted by his legal representatives.;