Case: Associated Cement Companies Ltd Vs. Cement Workers Kamdar Union &amp; Others

shall not insist upon production of medical certificate for obtaining sick leave when the illness of the workman is of the duration of a day and expressed its hope that the workman will not abuse this concession and that it will be open to the appellant to take disciplinary action against any workman 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 appellants company and if a workman 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, holding that there are strong grounds for rejecting the demand of workmen for grant of sick leave even for two or three days without the production of medical certificate. He also referred to a passage from "Better Employment Relation" by Foenonder reading as under :It is usual provision in an Australian industrial award that up to one week per year leave without deduction of pay shall be allowed where, by reason of some ailment, the worker is unable to attend the factory. There is reason to believe, however, that the privilege has been shamefully abused at times, and sick leave successfully claimed in situations that are not genuine, or that do not qualify for the benefit. Cases indeed have been brought to notice where workers, by report to frequent change of employment and deceit, have been able to draw no less than three weeks sick pay in a year for time that was not worked. The extra burden imposed on industry by these frauds on awards does not stop short at the additional monetary charges that are involved; there is the further count of waste, and inefficiency, that are the inevitable accompaniments of a high labour mobility, or quick employee turnover. Unfortunately, one Australian trade union at least has counseled its members by circular to exhaust any unclaimed sick leave before the expiration of relevant year"and to the following observations in a publication entitled "The Management of Labour Relations" by Watkins and Dodd :"The provisions of sickness benefits or insurance entails serious difficulties, because of the necessity of guarding against feigned illness by astute malingers and the danger of making the slightest illness an excuse for absence from work."Counsel said that it is because sick leave provisions are abused by workmen that no benefit is given under the Employees State Insurance Act, 1948, for the first two days of illness.7. Generally speaking, no workman will get himself treated by a doctor on the very first day of an illness. For minor ailments, no workman would go to a doctor for treatment and it would be a great hardship to the workman if a medical certificate from a qualified doctor is insisted upon for sick leave for a days illness. From a practical point of view, we do not think that it would be expedient to insist that a workman should produce a medical certificate from a qualified doctor to avail himself of sick leave for a day on the ground of illness. We do not say that the apprehension entertained by the appellant that the workmen would abuse the provision for sick leave with full pay in some cases at least, if no medical certificate is insisted upon for the leave even if the duration of the illness is for a day, is unfounded. But, at the same time one has to consider the practical inconvenience and the hardship to the workmen if a medical certificate is insisted upon for availing of sick leave for illness of the duration of a day.8. The Tribunal has taken into account the pros and cons of the matter and on a balance of the relevant considerations, has arrived at a conclusion. Should we interfere with that conclusion in an appeal under Art. 136 of the Constitution ?9. In Bengal Chemical and Pharmaceutical Works Ltd., Calcutta v. Their workmen, [1959 - I L.L.J. 413]; (1959) Suppl. 2 S.C.R. 136, at 140, this court observed :"Though Art. 136 is couched in widest terms, it is necessary for this Court to exercise its discretionary jurisdiction only in cases where awards are made in violation of the principles of natural justice, causing substantial and grave injustice to parties or raising an important principle of industrial law requiring elucidation and final decision by this Court or disclosing such other exceptional or special circumstances which merit the consideration of this Court."See also Hindustan antibiotics, Ltd. v. The Workmen and others, [1967 - I L.L.J. 114]; (1967) 1 S.C.R. 652.10. The portion of the award with which we are concerned does not raise any important principle of law requiring elucidation and final decision by this Court. Nor does it disclose any exceptional or special circumstances which merit decision by this Court. On a question like this, where the Tribunal, on a consideration of all the materials placed before it an having regard to the overall picture, came to the conclusion, we do not think this Court should interfere.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]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.Generally speaking, no workman will get himself treated by a doctor on the very first day of an illness. For minor ailments, no workman would go to a doctor for treatment and it would be a great hardship to the workman if a medical certificate from a qualified doctor is insisted upon for sick leave for a days illness. From a practical point of view, we do not think that it would be expedient to insist that a workman should produce a medical certificate from a qualified doctor to avail himself of sick leave for a day on the ground of illness. We do not say that the apprehension entertained by the appellant that the workmen would abuse the provision for sick leave with full pay in some cases at least, if no medical certificate is insisted upon for the leave even if the duration of the illness is for a day, is unfounded. But, at the same time one has to consider the practical inconvenience and the hardship to the workmen if a medical certificate is insisted upon for availing of sick leave for illness of the duration of a day.8. The Tribunal has taken into account the pros and cons of the matter and on a balance of the relevant considerations, has arrived at a conclusion.The portion of the award with which we are concerned does not raise any important principle of law requiring elucidation and final decision by this Court. Nor does it disclose any exceptional or special circumstances which merit decision by this Court. On a question like this, where the Tribunal, on a consideration of all the materials placed before it an having regard to the overall picture, came to the conclusion, we do not think this Court should interfere.