TRANSPORT MANAGER Vs. SURESH MARUTI GAIKWAD

JUDGEMENT

(1.) This petition filed by the Pune Municipal Transport, an establishment of the Pune Municipal Corporation, takes exception to the judgment and order rendered by the Industrial Court at Pune on 25th August 1994 thereby allowing Complaint (ULP) No.41 of 1992 filed by the present respondent. The Industrial Court directed to assign light duty to the complainant and pay his backwages for the intervening period from 26/11/1991 till the date he has been reinstated.

(2.) The respondent was appointed in the post of conductor and he was a confirmed employee. It appears that on 26/7/1984 he met with an accident and sustained head injuries. After a long drawn treatment he reported for duty sometimes in 1985 and was assigned light duty viz. stand booking. However, the said facility was withdrawn in the year 1990. The employee proceeded on sick leave and on 27/9/1991 he resumed his duties but was assigned the line duty i.e. the duty of a conductor. He submitted an application to the Depot Manager as well as to the General Manager to assign light duty (Exh. U-12). He submitted similar representations on 19/12/1991 (Exh. U-13) as well as on 1/2/1992 (Exh. U-14). Similar representations were submitted on 23/3/1992, 9/8/1992 and 3/9/1993 (Exhibits U-15 to U-17). He had also submitted a medical certificate issued by the ESI doctor advising that the complainant should be assigned light duty and despite this medical certificate dated 26/11/1991, he was not assigned light duty. The complaint further alleged that he was not even allowed to resume his line duty and, therefore, he approached the Industrial Court and filed Complaint (ULP) No.41 of 1992 under Section 28(1) read with Items 9 and 10 of Schedule IV of the MRTU & PULP Act, 1971 ("the Act" for short). The complaint was opposed by the present petitioner. The complainant examined himself in support of his case. Whereas the Corporation examined three witnesses viz. Suryakant Mate - Depot Manager, Dr.Ujawala Sardesai who was the Honorary Surgeon at Kamla Nehru Hospital and Dr.Rajesh Kapadia, Consulting Physician and member of the Medical Board of Pune Municipal Corporation. The doctors confirmed that the complainant was required to be given light duty. Even while the complaint was pending before the Industrial Court, on the application filed at Exhibit U-7 by the complainant the Industrial Court had directed the Chief Medical Officer of the Corporation to examine the complainant and submit a report. The doctor examined and recommended light duty to be given to the complainant. On the basis of the said evidence the learned Member of the Industrial Court was pleased to allow the complaint and issued directions against the Corporation as noted hereinabove.

(3.) Admittedly the Corporation is a huge establishment employing about 5000 permanent employees. The complainant had put in more than 18 years of service when he approached the Industrial Court. The accident that had taken place on 26/7/1984 was while on duty or while proceeding for duty. The complainant was given light duty for about five years. The medical certificates placed on record went to show that the complainant was fit for light duty. While in the witness box the complainant stated that when he was put on line duty in the year 1991 he had vomitted and fallen unconscious. It is also not disputed that the complainant had sustained head injury and his hearing capacity was affected on account of the said injury. On or about 19/10/1993 the Corporation issued an internal circular calling for applications to fill in the post of stand booking conductor from amongst its employees (conductors) who had been declared medically unfit for a line duty. At no point of time even during the pendency of the complaint the Corporation called upon the complainant to apply in response to the said circular and offered him the post of stand booking conductor.