R. M. LODHA, J.

( 1 ) THE issue that arises in this appeal is : is the termination of the petitioner from service vide order dated 3-10-1985 bad in law.

( 2 ) FIRST, we shall refer to the brief facts : the petitioner (for short 'the workman) was employed as a Fitter in the assembling Department of M/s. Consolidated Pneumatic Tools Co. India limited (for short 'the employer' ). During the period of employment and particularly in the year 1981 and thereafter, the workman used to remain absent frequently on large number of days on different grounds but most of the time his absence was on the ground of illness. On 5-9-2005 the workman sought to resume his duty after prolonged absence and produced the medical certificate. In view of the workman's continuous absence on the ground of illness, the workman was sent to the medical officer Dr. Dinsukhlal Sadavarti. He examined the workman and found him unfit to work. He, however, asked him to visit him again after 15 days. After 15 days the workman visited Dr. Dinsukhlal Sadavarti. On his medical examination by Dr. Dinsukhlal Sadavarti, the workman was found unfit for work. Dr. Dinsukhlal Sadavarti asked the workman to contact the ass