DECISION Hydari Industries Ltd., S. I. T. E., Hyderabed, filed this appeal against an order passed by the Sind Labour Court No.VI, Hyderabad. Initially the grievance petition of the respondent was allowed by the learned predecessor of the Presiding Officer on 19-7-1W.7. However, the said order was set aside by this Tribunal on 25-11-178 and which order was assailed in the writ petition before the Sind High Court. Vide order, dated 21-8'-1984, however, the High Court remanded the entire case with a direction to provide opportunities to the parties to produce the Medical Certificate in support and against section 65-B of I.R.O. 1969. This Tribunal, therefore, remanded the case to the learned Labour Court No. VI for examining the Medical Officer and for passing the final order.
2. The learned Labour Court examined the Medical Officer, Dr. Shaiq Ali and then heard the arguments of the learned Counsels, namely, Mr. S.F.H. Rizvi and Mr. Ghufran
3. Dr. Shaiq Ali gave an opinion that patient, namely, Abdul Hakeem suffered from Sciatic pain on the relevant date, but he did not advise him for the rest. After hearing the arguments of Mr. Rizvi and Mr. Ghufran, the learned Labour Court quoted from 14th Edition of Davidson's Principles and Practice of Medicine. According to it Lumbago is pain in the lower part of the back while sciatica is pain in the distribution of the sciatic nerve. Both these pains are not decease entities but symptoms and they are often associated. The author of the book while defining the decease also wrote as under: - ---The onset may be sudden or gradual, and may follow closely upon trauma to the back. Attacks of lumbago may precede sciatica by months or years. Lumbago is characterized by sudden severe low back pain when the patient is bending, preventing straightening. The sciatic pain felt in the buttock and radiate down the posterior aspect of the thigh and calf to the outer border of the foot.
It is exacerbated by coughing or sneezing, which raises the pressure in the veins and the veins and the spinal subarach-noid ST ace. Paraesthesfae and later numbness may be felt over the distribution of the involved nerve root, most often the first sacral. In severe cases, weakness of the calf muscles or foot drop may occur, according to which roots are involved.---
4. In view of the author, the initial treatment in all cases is rest in bed on a firm mattress supported by fracture Boards and the rest must be absolute with prohibition of the sitting position. According to this author, compromise in this respect and permission to leave bed for toilet purposes are the usual reasons for failure of this treatment. In nutshell, in such a pain not only rest is mandatory but even the patient is not usually permitted to visit toilet room. This view is taken by the learned Labour Court.
5. There is no doubt that the respondent suffered from this pain and this treatment was to be accorded to him. The respondent was entitled to the condonation of the delay.
6. The learned Labour Court condoned the delay and ordered the re-instatement of the respondent with full back benefits. However, I order that the reinstatement of the respondent may be effected forthwith C but no back benefits be given to him. The appeal is, therefore, dismissed with this modification.