BRITISH AIRWAYS Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) Vide the present petition under Articles 226 and 227 of the Constitution of India, the petitioner impugns the award dated 30.01.2015 passed by the learned Labour Court-II, New Delhi in ID No.127/2005, whereunder the petitioner was directed to reinstate the respondent no.2 with full back wages.

(2.) The brief facts emerging from the record that are necessary for the adjudication of the present petition are as follows. The respondent no.2 having being appointed as an international tele-sales Support Clerk in the petitioner/company on 21.02.1994, was promoted as a 'Message Editing Scripter' on 19.06.2000. While working on the said post, which involved long hours of work on the computer, the petitioner was in February, 2004, found to be suffering from Carpal Tunnel Syndrome. The said diagnosis was based on the opinion of two renowned doctors, namely Dr.Pushpender Singh Bajaj and Dr.N.P.S. Chawla, who also advised her to seek alternate professional employment where there was none or minimal computer-related work.

(3.) In view of the aforesaid medical advice, a series of discussions took place between the parties, whereafter the petitioner vide its letter dated 02.06.2004 informed the respondent that since there was no possibility of redeploying her in any department where there was no computer-related work, the best option that could be offered to her was redeployment at the Customer Service Department at Indira Gandhi International Airport where computer-related work was found to be minimal. The said letter also assured the respondent that upon her redeployment at the Airport, the petitioner would in view of her health conditions, endeavour to allot only duties like handling of arrivals, mishandled baggage claims etc. to her. The said offer was, however, declined by the respondent who vide her e-mail dated 23.06.2004 informed the petitioner that she was unwilling to accept the said offer as she was suffering from fragile health and had to single-handedly take care of her seven-year old daughter in the absence of her husband who had a touring job.