MEERA DANDEKAR Vs. INDIAN INSTITUTE OF BANKERS

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order dated 31st Aug. 2000 made by the learned Single Judge of this Court allowing Writ Petition No. 583 of 1997 instituted by the respondent. By the impugned judgment and order, the learned Single Judge has set aside Labour Court's award dated 27th Sept. 1996 in Reference (IDA) No. 520 of 1993 directing reinstatement of the appellant alongwith full backwages and continuity of service with effect from 25th April 1989.

(2.) Mr. Pendse, learned counsel for the appellant, submits that the learned Single Judge has misconstrued the scope and import of Sec. 2(oo) of the Industrial Disputes Act, 1947 (said Act). He submits that since the respondent - employer was relying upon the exception carved out in Sec. 2(oo) (c) of the said Act, the burden of establishing that the appellant's termination was indeed on account of 'continued ill-health" was entirely upon the respondent -employer, which burden the respondent-employer had failed to discharge. Mr. Pendse submits that the respondent -employer neither referred the appellant for examination by any Medical Board nor was any independent material produced before the Labour Court to sustain the ground of 'continued ill - health'. The order of termination was therefore, in the nature of an ipsi dixit and was rightly interfered with by the Labour Court.

(3.) Mr. Pendse submits that during the period of the appellant's absence, the appellant not only had to her credit requisite leave but further, such leave, was expressly sanctioned to the appellant. He submits that such a circumstance was not irrelevant as held by the learned Single Judge. He submits that the appellant had in fact produced Medical Certificate dated 23rd Feb. 1989 certifying that she would be fit to resume duties from 1st April 1989. This was followed by a written request backed with Medical Certificates for leave to resume duties in May 1989. The the respondent-employer without taking of this, issued the termination order dated 25th April 1989, which was quite correctly interfered with by the Labour Court.