LPA No. 1121 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1121 of 2009 Date of decision: 23.02.2011 Indian Hardware Industry Ltd. ......APPELLANT VERSUS Presiding Officer, Labour Court-II, Faridabad and another ….. RESPONDENTS CORAM:HON’BLE MR. JUSTICE RANJAN GOGOI, CHIEF JUSTICE HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present: Mr. Manoj Kumar Sood, Advocate, for the appellant. Mr.A.P.Bhandari, Advocate, for respondent No. 2. *** RANJAN GOGOI, CJ (Oral) This appeal has been filed against the order of the learned Single Judge dated 06.08.2009 passed in a proceeding numbered as CWP No. 2075 of 1991. By the aforesaid order, the learned Single Judge has dismissed the writ petition filed by the Management challenging an Industrial Award dated 19.09.1990 by which the workman was directed to be reinstated in service with full back wages. It will be necessary to notice at this stage that the workman has, in the meantime, completed his age of supperannuation and the only issue that will survive for consideration is the one with regard to back wages. From the materials on record, it appears that the workman fell ill on 14.01.1985 and remained under treatment at ESI Hospital, LPA No. 1121 of 2009 2 Safdarjang, New Delhi up to 30.07.1986. According to the workman, when he reported for duty after being discharged from hospital his name was struck off from the Roll w.e.f. 25.07.1986. A written order to the above effect dated nil has been brought on record as Annexure P-6. Under the provisions of the ESI Act, there is a legal bar on an employer from dismissing an employee who is under treatment for sickness. The termination of the workman-respondent No. 2 was not preceded by any enquiy or opportunity so as to enable the workman to satisfy the employer that he was prevented by sufficient cause from not attending to his duties. If the termination had not been preceded by any enquiry or opportunity and the workman-respondent No. 2 was suffering from illness w.e.f. 14.01.1985 to 30.07.1986, it would be clear that the termination was void ab-initio being in violation of the principles of natural justice. The said termination was liable to be interfered with on the aforesaid ground alone without going into the further question as to whether the same was by way of retrenchment. For the aforesaid reasons, we do not find any merit in this Letters Patent Appeal. It is, accordingly, dismissed. However, having regard to the facts and circumstances of the case, we make no order as to costs. ( RANJAN GOGOI ) CHIEF JUSTICE ( AUGUSTINE GEORGE MASIH ) JUDGE February 23, 2011 pj