Case Note & Summary
The petitioner, Mahesh Bahad, filed a writ petition before the Bombay High Court (Nagpur Bench) seeking compassionate appointment after the death of his father, Sanjayrao Bahad, who was a permanent employee of the Maharashtra State Road Transport Corporation (MSRTC). The deceased employee had joined MSRTC on 29.11.1980 as a temporary employee and was dismissed from service on 05.06.2006 due to absence caused by illness. He challenged the dismissal by raising an industrial dispute under Section 2A of the Industrial Disputes Act, 1947, which was allowed by the Labour Court in Reference (I.D.A.) No.29/2009 vide award dated 23.01.2012. MSRTC's subsequent writ petition against this award was dismissed by the High Court. After the award, the deceased employee reported for duty, and MSRTC referred him to a Medical Board on 23.01.2012. However, the Medical Board took nine months to examine him, and on 11.10.2012, declared him unfit for duty. Based on this, MSRTC dismissed him again on 13.12.2012. The deceased employee died thereafter, and his son, the petitioner, applied for compassionate appointment, which was denied by MSRTC. The court considered the legal issues of compassionate appointment and the conduct of MSRTC. The court found that MSRTC's actions were unscrupulous and inhuman, as they delayed the medical examination and used it to dismiss the employee despite the Labour Court's reinstatement order. The court held that the petitioner was entitled to compassionate appointment and directed MSRTC to consider his claim within four weeks. Additionally, the court imposed costs of Rs. 25,000 on MSRTC for its callous attitude, to be paid to the petitioner within four weeks.
Headnote
A) Service Law - Compassionate Appointment - Entitlement - The petitioner sought compassionate appointment after his father's death, who was a permanent employee of MSRTC. The court held that the MSRTC's conduct in delaying the medical examination and dismissing the employee without proper cause was unjust, and the petitioner was entitled to compassionate appointment. (Paras 1-10) B) Industrial Disputes Act, 1947 - Section 2A - Unfair Labour Practice - The MSRTC's failure to reinstate the deceased employee after the Labour Court's award and subsequent dismissal based on a delayed medical report constituted unfair labour practice. The court directed the MSRTC to pay costs of Rs. 25,000 for its callous attitude. (Paras 2-10)
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment after the death of his father, a former employee of MSRTC, and whether the MSRTC's actions in delaying and denying the claim constitute unfair labour practice.
Final Decision
The writ petition is allowed. The respondent MSRTC is directed to consider the petitioner's claim for compassionate appointment within four weeks. MSRTC is also directed to pay costs of Rs. 25,000 to the petitioner within four weeks.
Law Points
- Compassionate appointment
- Industrial Disputes Act
- 1947
- Section 2A
- Medical Board
- Unfair labour practice
- Costs
