FRENCH MILLS PONDICHERRY Vs. ANGLO GOULAM CADER

JUDGEMENT

(1.) THIS special appeal is filed before this Court, in exercise of its power of cassation, from the judgment of the Court of Tribunal de Premiere Instance. Pondicherry, which, in turn, confirmed the judgment of the labour court, Pondicherry.

(2.) BEFORE the labour court, one Goulam Cader applied for damages against the director of the Anglo-French Mills, Pondicherry, for terminating his employment as a worker in the weaving section of the mills without proper reasons. The management of the mills relied on the circumstances that the medical officers of the mills on examining the worker in question found that he was suffering from pulmonary tuberculosis (open case), that he had about of haemorrhage ten days previously, that the disease was curable only after prolonged treatment and complete hospitalization, and that it would be contagious if he was allowed to continue on duty. Thereupon, the mill-management, relying upon rule 12 of the standing orders, gave the employee fourteen days' notice, and terminated his employment after giving him the usual benefits of provident fund, etc. The labour court held that it was improper for the management to have terminated the service of the worker on the ground of his suffering from tuberculosis, because, under Art. 47(c) of the French Labour Code issued under law, dated 15 December 1952, there is a provision for suspending the contract of employment during the absence of worker in case of illness duly certified by an approved medical practitioner, for a period not exceeding six months, and this period can be extended until such time as the worker is replaced. In the judgment of the labour court, the termination of the worker's employment ostensibly under rule 12 of the standing orders really amounted to a violation of this provisions of the Labour code which was enacted for the benefit of the workers, and consequently, the termination of the contract of employment was unlawful. Thereupon, the worker was held to be entitled to damages which was awarded in a sum of Rs. 700 as against a much larger sum which he had claimed. Under the French Labour Code, an appeal lies to the Tribunal de Premiere Instance, against the decision of the labour court and the management appealed to that tribunal.

(3.) THE standing orders do not say what are good and sufficient reasons. THE adequacy of the good and sufficient reasons for the termination of employment may have to be considered in the light of each particular case, when the matter is raised as an issue before the labour court by the aggrieved party. In the present case, the management apparently relied upon the report of the medical officers that the worker was suffering from tuberculosis for the past ten years and that prolonged treatment would be necessary for a cure. But it is against such a context that the French Labour code has enacted a provision in Art. 47(c) which gives the worker an opportunity to avail himself of a six month's period for getting himself cured of the disease. During that time, that article provides for suspension of the contract. Article 48 of the code provides for the payment to the worker during the aforesaid period of an amount of compensation equal to his remuneration limited to the period of the normal term of notice. From the language of both Arts. 47(c) and 48 of the French Labour Code, it will appear that, before the management proceeds to terminate the employment of a worker on the ground of his suffering from an illness like tuberculosis, which prevents his attending to his duties in the ordinary manner, the worker should be given an opportunity to avail himself of the provision under Art. 47(c) which, as mentioned already, has been enacted for his benefit. If any other view is taken of the matter and the management is permitted to resort to rule 12 of the standing orders for terminating the services of the worker after fourteen days' notice, it will surely work hardship, in cases where the worker may fall seriously ill, but where with proper expert medical treatment, he could be expected to get well after a certain period of time and be fit to resume his employment.