AMARESHWAR SAHAY, J. - (1.) THE petitioner has filed this Writ Application, challenging the Award dated 26.07.1997, passed by the Presiding Officer, Labour Court, Ranchi, in Reference Case No. 1 of 1993; as contained in Annexure 9 to the Writ Application; whereby the Presiding Officer, Labour Court, Ranchi answered the reference made to him in negative and held that the concerned workman i.e. the petitioner herein, was not entitled to any relief.
(2.) THE following reference was made to the Labour Court for adjudication: Whether not giving work after rejecting joining report of Shri R K. Singh, personnel number 50502 - Inspector, Heavy Machine Tools Plant, H.EC., Dhurwa, Ranchi is proper? If not what relief the workman is entitled to?' The facts which are not in dispute are that the petitioner (hereinafter referred to as the concerned 'workman') was an employee under the Management of M/s. Heavy Engineering Corporation (hereinafter referred to as M/s. H.E.C.) and was posted as Inspector in Heavy Machine Tools Plant, a Unit of M/s. H.E.C . Dhurwa, Ranchi. He remained absent from his duties from 14.01.1990 to 28.07.1990. He came to join his duties on 30.07.1990 with a fitness certificate issued by one Dr. A.K. Sinha, Civil Assistant Surgeon, Ranchi but he was not allowed to join and was asked to bring the fitness certificate from the Medical Officer, H.M.T.P and from the Industrial Medical Officer, H.M.B.P namely Dr. G.C. Mishra The workman contacted Dr. G.C. Mishra but he referred him to Dr. R.R. Bhattacharjee, Sr. Physician -, Plant Hospital, H.E.C. Dr. Bhattacharjee examined the concerned workman on 31.07.1990 and thereafter, directed him to undergo ten types of different tests
(3.) THE case of the concerned workman (petitioner) is that he became sick on 14.01.1990 and he was under treatment of Dr. T.C.Das, the former Medical Officer, In -charge of I.C.C. Unit of M/s H.E.C. who examined him clinically and came to the conclusion that the sickness was due to heart trouble and in such situation, he was advised to take complete bed rest. The workman was lastly examined by Dr. Das on 21.04.1990. This fact was informed by the workman to the management of M/s. H.E.C. (Respondent No. 2) through his department. The workman was further attacked with some other trouble like serious weakness, loss of appetite and loose motion, then the workman consulted Dr. A.K. Sinha, M.D. Civil Assistant Surgeo, who was the authorised Medical Practitioner/attendant and upon medical examination, it was found that the workman was suffering from acute Jaundice and as per the suggestion of Dr. Sinha, he was advised to take complete bed rest. This fact was also intimated to the management. On 28.07.1990, Dr. Sinha issued a fitness certificate to the workman to resume his normal duties/work. Accordingly, in this way, the workman was compelled to remain absent from his duties with effect from 14.01.1990 to 28.07.1990 due to his sickness and this fact was intimated to the management of M/s. H.E.C. (Respondent No. 2) from time to time.;