The respondent challenged the companyrectness of this decision by a Letters Patent Appeal before a Division Bench of the Madras High Court No.
A 5411 of 1958 .
82 14 00 were paid to him.
The case of Venkatiah was treated by the appellant under Standing Order No.
R. Dolia, M. Rajagopalan and K. R. Chaudhuri, for the respondents.
After this award was pronounced by, the Labour Court, the appellant moved the Madras High Court by 2 writ petition and prayed that the said award be quashed W.P. No.
V. Viswanatha Sastri, G. B. Pai and B. N. Ghosh, for the appellant.
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.P.O. No.
Appeal from the judgment and order dated January 15, 1962, of the Madras High Court in Writ Appeal No.
This writ petition was allowed by Mr. Justice Balkrishna Ayyar.
by the Civil Assis tant Surgeon, Kanigiri.
Meanwhile, Venkatiah had applied to the Employees State Insurance Corporation and on or about the 15th June 1957 he obtained cash sickness benefit for the period companyered by the medical certificate issued.
Taking into account the intervening holidays, the said leave expired on January18, 1957.
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.
The said Officer examined him and was unable to companyfirm 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 companyld number be reinstated as his explanation for his absence was un satisfactory.
Accordingly, Rs.
It held that if the matter had to be companysidered 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.
He, however did number join duty on the 19th January as he should have, but remained absent without leave without sending to the appellant any companymunication for extending his leave.
On the 11th March 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.
The Labour Court rejected the appellants preliminary object ion about the invalidity of the reference.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by GAJENDRAGADKAR, J. The principal question which arises in this appeal relates to the true scope and effect of the provisions companytained in s. 73 of the Employees State Insurance Act, 1948 hereinafter called the Act .
716 of 1958 .
In this certificate it was stated that Venkatiah suffered from chronic malaria and dysentery from January 15 to, March 7, 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.
August 2, 1963.
82 of 1959.
This letter was accompanied by a certificate issued by the said Civil Assistant Surgeon.
874 of 1962.
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.
The appellant, the Buckingham Carnatic Co. Ltd., is a companypany registered under the Indian Companies Act and its registered office is at Madras.
8 ii of the Standing Orders of the appellant.
