Case Note & Summary
The petitioner, Smt. Vidya Vijay Kadam, was appointed as a trained nurse by Shri. Saibaba Sansthan, Shirdi, on 6 January 1992 on probation for two years. She was regularized and made permanent on 23 July 1993. She had a long service record and had taken maternity leave in 1997. In 2013, she applied for leave to pursue higher education in nursing science, but her leave was not considered. She was terminated for unauthorized absence. The Labour Court, Ahmednagar, rejected her reference (I.D.A. No. 02/2015) by judgment dated 18 June 2018. Aggrieved, she filed the present writ petition. The petitioner argued that she was terminated for pursuing higher education and was willing to waive backwages from 21 June 2013 to September 2019 if reinstated with continuity. The respondent management refused to consent to reinstatement without backwages, relying on New India Cooperative Bank Ltd. v. Shankar B. Bangera [2006 III CLR 904]. The court framed the issue as whether an employer should adopt a pragmatic approach or a pedantic view when an employee pursues higher education to improve skills for the employer's benefit. The court noted that the petitioner had served for over 21 years and her pursuit of higher education in nursing would benefit the hospital. The court held that the termination was disproportionate and directed reinstatement without backwages, with continuity of service for other benefits but not for wages. The court also directed that the petitioner be treated as on duty from the date of reinstatement and that the period of absence be treated as leave without pay.
Headnote
A) Industrial Law - Reinstatement - Disproportionate Punishment - Section 11A, Industrial Disputes Act, 1947 - Termination of a nurse for unauthorized absence while pursuing higher education in nursing - Court held that the punishment of termination was disproportionate and the employer should have adopted a pragmatic approach considering the employee's long service and the benefit to the hospital - Directed reinstatement without backwages (Paras 5-10).
Issue of Consideration
Whether an employer should adopt a pragmatic approach or a pedantic view when an employee is terminated for pursuing higher education to improve skills for the employer's benefit.
Final Decision
The writ petition is allowed. The impugned judgment and award of the Labour Court is set aside. The petitioner is directed to be reinstated in service without backwages from 21.06.2013 till September 2019, but with continuity of service for all other purposes. The period of absence shall be treated as leave without pay. The petitioner shall be treated as on duty from the date of reinstatement. Rule is made absolute in those terms.
Law Points
- Industrial Disputes Act
- 1947
- Section 11A
- Reinstatement
- Backwages
- Disproportionate Punishment
- Pragmatic Approach vs Pedantic Approach
