management as a part-time worker and he took a LIC policy, with the premium being paid by the petitioner at the request of the refund of the premium. Later, when the petitioner demanded the repayment of the premium amount, the 2nd respondent stopped work and absented himself from duty. In fact, the 2nd respondent had been working on the regular basis with Sungov Enterprises, Redhills Road, chennai and he is covered by the ESI Act and he took treatment in the ESI hospital during the period from 8.1.1996 to 16.07.2000. While so, in order to evade the repayment of the LIC premium, he raised an Industrial Dispute, alleging that the petitioner terminated him orally on 28.03.2001. Even during the conciliation proceedings, the petitioner was ready to provide work to the 2nd respondent, but he refused, and this was also recorded in the conciliation proceedings. Since the 2nd respondent was working fulltime worker with Sungov Enterprises, Chennai, he was unable to work as a full-time worker under the petitioner. In the meanwhile, he filed industrial dispute in I.D. No.746 of 2001, where the respondent himself admitted that during the conciliation proceedings, employment was offered but he did not come for work, and he also admitted the treatment taken before the ESI hospital under the coverage of Sungov Enterprises. The Labour Court has not considered the above said aspects and 4/11
