SECRETARY SPENCER Vs. ADDITIONAL COMMISSIONER FOR WORKMENS

JUDGEMENT

(1.) MESSRS. Spencer and Co. Ltd. , is the petitioner. Second respondent filed an appeal under S. 41 (2) of the Tamil Nadu Shops and Establishments Act, challenging the order dated 9-4-1976 terminating his services on medical grounds from 10-4-1976.

(2.) SECOND respondent underwent an eye operation for cataract in the year 1974. After three months of rest, he reported for duty and was working in Reserve Stock Godown for nearly one year as a clerk. In 1976, he was sent to Bakery Department and was preparing bills, maintaining stock register, etc. On 25-3-1976, the second respondent was directed to report to the company's Medical Officer for examination. Exhibit R. 1 is the letter. The company's Medical Officer in turn gave Ext. R. 2 addressed to Dr. Gupta an opthalmologist, and he examined the second respondent on 30th March, 1976 and gave a certificate stating that "he will have great difficulty in doing normal clerical work". Thereafter the order of termination was passed after securing the report from the company's doctor.

(3.) ON behalf of the petitioner, it was claimed that as the eye sight of second respondent, hereinafter referred to as employee, became poor and as he was not able to perform his duties diligently, he was sent to the company's Medical Officer who referred him to an ophthalmologist, who had given an opinion that he cannot carry out his clerical duties. Based on the medical opinion, he was discharged from service and it being a reasonable cause as contemplated under S. 41 of the Tamil Nadu Shops and Establishments Act, hereinafter called the Act, he was paid one month's salary in lieu of notice and, therefore, there was no justification for moving the first respondent for relief.