Judgement

MATHEW, J.:- This appeal, by special leave, is directed against the award of the Industrial Tribunal, Gujarat dated October 27, 1967, in Reference (IT) No. 126 of 1965.

2. The appellant is a company registered under the Companies Act and is engaged in the business of manufacturing cement. The appellant owns and manages 16 cement works all over India Including the cement manufacturing factory at Dwarka in the state of Gujarat called "The Dwarka Cement Works".

3. Respondent No. 3, representing the workmen employed at Dwarka Cement Works, made a charter of demands in the year 1951 and one of the demands related to the grant of sick leave with pay to daily-rated workers. The dispute relating to these demands was settled by the award passed in reference No. 151 of 1951. In that award it was held that daily-rated workmen were entitled to 15 days sick leave with full pay subject to the condition that for obtained the leave, medical certificate of a qualified doctor should be produced. Respondent No. 2, by its letter dated November 1, 1955, terminated the award and made 17 demands which inter alia included the demand that all employees, whether daily-rated or monthly-rated should be given 21 days sick leave with fully pay, that the sick leave should be allowed to be accumulated and that no medical certificate should be insisted upon for obtaining sick leave for less than 4 days. The Government of Bombay which, at the time was the appropriate Government, did not refer the dispute relating to the demand for sick leave for adjudication. Thereafter the second respondent, by its letter dated February 10, 1965, made a charter of demands including the demand that, the appellant should not insist upon medical certificate for granting sick leave for less than 3 days. The Government of Gujarat which was the appropriate Government, by its letter dated October 19, 1965, referred the dispute relating to the following demands for adjudication to the Industrial Tribunal Gujarat :

(a) Medical Certificate not to be considered necessary in case of short and sudden illness. The Medical Certificate should not be considered necessary for getting sick leave for less than three days.

(b) Allowance for driving Heavy Vehicles :

Lorry or Truck Drivers, Pay Load Drivers, Tractor Drivers, Fork Lift Drivers and Drag Line Operators should be paid heavy vehicles allowance of Re. 1/- per day for each day of work from the date of the receipt of those demands.

4. The Tribunal, by its award, directed that the appellant shall not insist upon production of medical certificate for obtaining sick leave when the illness of the workmen is of the duration of a day and expressed its hope that the workmen will not abuse this concession and that it will be open to the appellant to take disciplinary action against any workmen when there is satisfactory proof that the concession has been abused.

5. It is not necessary to refer to the finding of the Tribunal on the second question referred, as this appeal is concerned only with the correctness of the finding on the first question.

6. In support of the appeal, it was contended that there is provision for 15 days casual leave in the appellant s company and if a workmen is indisposed and cannot attend to work for that reason, it is open to him to take casual leave, that sick leave with full pay can be availed of only for real sickness and there is nothing wrong in the appellant insisting upon medical certificate for obtaining sick leave even if it be for a day and that to dispense with a requirement of medical certificate would lead to grave abuses. It was further argued that, if for illness of the duration of a day, no medical certificate is insisted upon, it will be open to the workmen to avail of all the 15 days sick leave without producing any medical certificate, if sick leave for a day is taken at intervals. Counsel for the appellant, in the course of his argument, referred to several awards passed by industrial tribunals ho