DILA RAM VERMA Vs. PUREWAL ASSOCIATES LIMITED

JUDGEMENT

(1.) The above writ petition has been filed by the workman seeking to direct the Respondents to reinstate the Petitioner as a Watch Maker and to assign him the duties alongwith all consequential benefits including back wages, prohibiting Respondent-Management from taking any discriminatory action against him: restraining the Respondent-Management from asking the Petitioner to work near heavy machines for which he has no training etc.; that Annexure-PH be modified to the extent it does not grant back wages to the Petitioner, for the period w.e.f. 7.7.1989 to 14.2.1991 alongwith actual medical expenditure incurred by him or in the alternative remanding the case back to Respondent No. 4 (Presiding Officer, Labour Court) for decision in accordance with law and also directing the Respondent-Management to pay to the Petitioner the expenditure incurred on his medical treatment for which purpose details have already been submitted.

(2.) The Petitioner is a matriculate and holds diploma from I.T.I., Shimla as Watch Maker. He was offered appointment by the Respondent-Management vide appointment letter dated 3.7.1979 marked Annexure-PA. He was engaged in manufacture and assembly of Wrist Watches by Respondent-Management. At the time of his appointment he was medically examined at the Primary Health Centre, Dharampur and thereafter at the Cantonment Hospital at Kasauli. The Petitioner alleged that he continued working with Respondent-Management satisfactorily and his services were appreciated and he was also given Commendation Certificates/Prizes. The Petitioner abruptly fell ill on 7.7.1989 and he went to the Primary Health Centre at Dharampur, but his malady could not be diagnosed there, he went to P.G.I., Chandigarh, where it was found that he was suffering from mild Epilepsy. The Petitioner was advised to take necessary medicine regularly and to avoid swimming, driving, travelling or working near fire for about six months. Medical Certificate was issued by the Department of Neurology on 19.7.1989, whereby the Petitioner has been opined to be fit for duty of Watch Repairer. Again on 16.10.1989 another Certificate was issued to the Petitioner to the effect that he is absolutely fit for assignment of duty and copy of the Medical Certificate is placed on record marked Annexure-PB.

(3.) It appears that on 24.7.1989 Respondent Management wrote to the Petitioner a letter stating therein that since he was suffering from Epilepsy, it was not possible to assign any duties to him inside the Factory since there was danger that the Petitioner might sustain injuries while performing duties and he was advised to proceed on sick-leave with immediate effect. The Petitioner contended that assurance was held out to him that he would be accommodated by granting him leave without pay till such time he recovers completely and he was also assured that all help in the treatment, as permissible under the rules, would be provided to him. He placed on record letters of the Respondent-Management. In response to the Management's letters, the Petitioner is stated to have written to the Personnel Manager of the Company saying that he had been asked to proceed on sick leave, but he had already submitted a Medical Certificate from P.G.I., Chandigarh where under he had been found fully fit to join work and perform his duties and further that in case the Respondent-Management wanted that the Petitioner should remain on leave, in that event, leave with pay may be granted to him. He alleged that attitude of the Respondent-Management was so harsh that he was not allowed to resume his duties and the Management wanted to get rid of his services for the reasons that he was involved in Union activities being the Organising Secretary of the Purewal Employees Union.