Judgement

GAJENDRAGADKAR, J. : 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 th