Case Note & Summary
The petitioner, Maharashtra State Road Transport Corporation, challenged the order of the Labour Court dated 30.6.1997, which directed reinstatement of the respondent workman, Shivaji Kondiba Shinde, with back wages and continuity of service. The respondent was a driver who was declared medically unfit due to colour-blindness by the Civil Surgeon, Solapur, on 10.12.1990, and subsequently by a Medical Board on 24.7.1991. His services were terminated on 30.9.1991. The respondent filed a complaint under Item 1(a), (b), (d), and (f) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act), alleging that the Corporation failed to implement its circular dated 10.9.1975, which required providing alternative employment to drivers declared medically unfit. The Labour Court allowed the complaint, and the revision application filed by the Corporation was dismissed. The High Court, in the present writ petition, examined whether the Labour Court's findings were perverse. The Corporation argued that the circular was not applicable as the respondent was not a permanent employee. However, the High Court noted that the Labour Court had considered the evidence and found that the respondent was a permanent employee and that the circular applied to him. The High Court held that the Labour Court's order was based on evidence and was not perverse, and therefore, no interference was warranted. The writ petition was dismissed.
Headnote
A) Industrial Law - Unfair Labour Practice - Termination for Medical Unfitness - Failure to Implement Circular Policy - The Corporation terminated the respondent driver after he was declared medically unfit due to colour-blindness, without offering alternative employment as per its circular dated 10.9.1975. The Labour Court held this as an unfair labour practice under Item 1(a), (b), (d), (f) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, and directed reinstatement with back wages and continuity of service. The High Court upheld the order, finding no perversity in the Labour Court's findings. (Paras 1-4)
Issue of Consideration
Whether the termination of a driver declared medically unfit without offering alternative employment as per the Corporation's circular dated 10.9.1975 constitutes an unfair labour practice under the MRTU & PULP Act.
Final Decision
The High Court dismissed the writ petition, upholding the Labour Court's order directing reinstatement of the respondent with back wages and continuity of service.
Law Points
- Unfair Labour Practice
- Reinstatement
- Back Wages
- Medical Unfitness
- Alternative Employment
- Circular Policy
- MRTU & PULP Act
