Judgement

WANCHOO, CJI. :- This is an appeal by special leave in an industrial matter and arises in the following circumstances. Respondent Hanuman was in the service of the appellant. He took leave from 3rd to 9th April, 1965 and in that connection a certificate from the Employees State Insurance Dispensary (hereinafter referred to as the Dispensary) was produced. He should have joined on 10th April, 1965, but he did not do so. His case was that he had sent another certificate from the Dispensary on April 10, 1965 for further leave through one Prahlad Singh. Thereafter he was given a fitness certificate on April 19, 1965 and was required to join on 20th April, 1965. He appeared to report for duty on 20th April, 1965, but he was not allowed to join on the ground that his service stood terminated. As an industrial matter was pending at the time in which he was concerned as a workman, he made an application under S. 33-A of the Industrial Disputes Act, No. 14 of 1947, (hereinafter referred to as the Act) for reinstatement.

2. The case of the appellant on the other hand was that Hanuman respondent was on leave from April 3 to April 9, 1965 on the basis of the certificate from the Dispe