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

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 are entitled to 15 days sick leave with full pay subject to the condition that for obtaining 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 full 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 Loader Drivers, Tractor Drivers, Fork Lift Drivers and Drag Line Operators should be paid heavy vehicles allowance of Rs. 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 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.

Reasoning:
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.