Justice J. Nisha Banu observed, “The findings of the Labour court is that due to medical grounds, he was absent and accordingly, set aside the dismissal order passed by the transport corporation. In such view of the matter, the workman should be treated as deemed to be in service till the date of his death.

The Madras High Court while allowing a plea has held that a workman should be treated as deemed to be in service till the date of his death on medical grounds. A Single Bench of Justice J. Nisha Banu observed, “The findings of the Labour court is that due to medical grounds, he was absent and accordingly, set aside the dismissal order passed by the transport corporation. In such view of the matter, the workman should be treated as deemed to be in service till the date of his death. As a natural consequence, the workman is entitled for full backwages and all other consequential and attendant benefits, to which he is entitled to.” The Bench was dealing with a case wherein an award passed by the Labour Court was challenged by the petitioners