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San Miguel Corporation Vs. Ernesto Javate, Jr., Et Al.

SAN MIGUEL CORPORATION, petitioner, vs. ERNESTO JAVATE, JR., and THE DEPARTMENT OF LABOR, respondents.

G.R. No. 54244 | 1992-01-27

D E C I S I O N


DAVIDE, JR., J.:

This case involves the validity of the compulsory retirement of private respondent Ernesto Javate, Jr. for alleged exhaustion of his sick leave benefits and unfitness to return to work pursuant to petitioner's 1971 Health, Welfare and Retirement Plan.

The facts of the case, as revealed by the pleadings of the parties, are as follows:

Private respondent was a casual employee of the petitioner assigned to its B-Meg Warehouse in San Miguel, Bulacan. On 21 June 1974, he figured in an accident and was initially confined at the Figueroa Emergency Hospital in Gapan, Nueva Ecija. The next day, he was...