Divisonal Controller Maharashtra ... vs Rasik Ramesh Kadam
2024 Latest Caselaw 25400 Bom

Bombay High Court

Divisonal Controller Maharashtra ... vs Rasik Ramesh Kadam on 4 September, 2024

2024:BHC-AS:35577
                       Sonali Mane                                                                 11-WP-4269-2024.docx



                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION


                                              WRIT PETITION NO. 4269 OF 2024


                       Divisional Controller Maharashtra
                       State Road Transport Corporation                                      ... Petitioner
                                Versus
                       Rasik Ramesh Kadam                                                    ... Respondent


                       Mr. Yashodeep Deshmukh i/b Ms. Vaidhehi Pradeep (Through V.C.)
                       for the Petitioner.
                       Mr. Vidyanand J. Jog for the Respondent.


                                                              CORAM        : SANDEEP V. MARNE, J.

                                                              DATE         : 4 SEPTEMBER 2024.
                       P.C. :


                       1)              The       Petitioner-Maharashtra           State      Road        Transport

Corporation (MSRTC) has filed its Petition challenging the Judgment and Order dated 10 October 2023 passed by Industrial Court-1, Kolhapur allowing Complaint (ULP) No. 107 of 2021 and setting aside the Order dated 1 April 2021 with further directions to MSRTC to provide alternate employment to the Complainant with back wages from 27 March 2019.

2) I have heard Mr. Deshmukh, the learned counsel appearing for Petitioner-MSRTC and Mr. Jog, the learned counsel appearing for Respondent-Employee.

Digitally signed by MANE MANE SONALI ___Page No.1 of 2___ SONALI DILIP DILIP Date:

2024.09.05 10:59:02 +0530 4 September 2024

Sonali Mane 11-WP-4269-2024.docx

3) After having considered the submissions canvassed by the learned counsel appearing for the parties, it is seen that the Petitioner-

MSRTC has acted in most arbitrary manner while dealing with the case of Respondent. During the course of his medical examination, Respondent was found to be unfit to work as driver or conductor by certificate dated 27 March 2019. The said certificate was issued by District Surgeon in Government Hospital, Ratnagiri. If there was any doubt about the said certificate, Petitioner-MSRTC ought to have referred Respondent to medical board. However, acting upon the said certificate dated 27 March 2019 and accepting the same as correct, Petitioner proceeded to terminate services of the Respondent by order dated 5 June 2020 retrospectively with effect from 27 March 2019. The certificate had clearly suggested grant of alternate employment to the Respondent except on the post of driver or conductor. Thus, the step taken by the Petitioner-MSRTC in terminating the services of Respondent despite clear opinion of Civil Surgeon for grant of light work is clearly arbitrary and unsustainable. Even otherwise, mere acquisition of disability by an employee cannot be a reason for terminating his services.

4) In my view, therefore, no error is committed by the Industrial Court in directing grant alternate employment to the Respondent. Since the entire action of the Petitioner is found to be arbitrary and in violation of provisions of Persons With Disabilities Act, 2016, it is not necessary to interfere even if the direction for payment of backwages from 27 March 2019. Writ Petition is accordingly rejected.

[SANDEEP V. MARNE, J.] ___Page No.2 of 2___ 4 September 2024