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2023 Supreme(Kar) 1383

IN THE HIGH COURT OF KARNATAKA
C. M. Poonacha, J.
Madhusudhan - Petitioner
Versus
The Management M/s. Toyota Kirloskar Auto Parts Pvt. Ltd. – Respondent
Writ Petition No. 2969 of 2018 (L-TER)
Decided On : 24-01-2023

Advocates:
Advocate Appeared:
For the Petitioner:Sri Anatharam T S, Advocate
For the Respondent:Sri Ck Subramanya, Advocate for Sri B C Prabhakar, Advocate

Headnote:(A) Industrial Disputes Act, 1947 - Section 10(4-A) - Termination of Employment - Petitioner filed Writ to set aside Labour Court's award which dismissed his application for challenging termination on grounds of ill health; respondent directed to reinstate Petitioner with full back wages due to improper termination without an enquiry (Paras 2, 12, 11, 39).

(B) Employment Rights - Permanent employees cannot be terminated without a proper enquiry; ill health must be assessed appropriately considering the nature of work assigned (Paras 20-21, 38).

Facts of the case:
Petitioner was employed since 2004; was shifted due to health issues but contested return to original duties, leading to termination in 2014.

Findings of Court:
Court found management failed to hold an enquiry before the termination; the medical condition did not warrant dismissal without thorough assessment.

Issues: Legality of the termination order and whether proper procedures were followed by the management in determining the Petitioner’s fitness for work.

Ratio Decidendi: Court emphasized that the exercise of discretionary powers in employment terminations requires due process, including conducting an enquiry, particularly regarding health-based dismissals.

Result: Writ Petition allowed; termination set aside and Petitioner reinstated with full back wages.

Table of Content
1. right to challenge termination based on health. (Para 1 , 2 , 3)
2. justifiable grounds for termination must be established. (Para 4 , 5 , 6)
3. court considers health condition during termination. (Para 9 , 10 , 11 , 12 , 13)
4. management must not exercise termination capriciously. (Para 14 , 15 , 16)
5. proceedings must ensure fairness and opportunity for worker. (Para 18 , 19 , 20 , 21)
6. judicial precedents emphasize necessity of an enquiry. (Para 22 , 23 , 24 , 25 , 26)
7. previous rulings clarify circumstances of valid termination. (Para 27 , 28 , 29)
8. legal principles on employee rights during health issues. (Para 30 , 31 , 32 , 33 , 34 , 35)
9. decision on termination requires proper assessment of health. (Para 36 , 37 , 38)
10. court orders reinstatement and compensation. (Para 39)

ORDER :

C. M. Poonacha, J.

The present Writ Petition is filed seeking for the following reliefs:

"i) Call for records leading to the passing of the award dated 24.11.2017 passed by the 3rd Additional labour court Bengaluru in I. D. No. 28/2014 (Annexure - Z).

ii) Issue a writ of certioraria or any other appropriate writ or direction to the respondent management to reinstate the services of the petitioner in its establishment at "Cut Check Lab" section with continuity of service, full back wages and all other consequential by setting aside the award dated 24.11.2017, passed by the 3rd Additional labour court Bengaluru in I.D. No.28/2014 (Annexure-Z)

iii) Grant any other relief (S) as may be deemed fit and proper by this Hon'ble court in the interest of justice."

2. It is the case of the Petitioner that he was appointed by Respondent-Management on 31.08.2004 as a Trainee at Banjo Line (manufacturing department) for a period of one year. On 01.09.2005, the Management continued his service as 'Probationary' for a period of one year at Banjo Line. On 01.09.2006, the Workman was confirmed as a permanent Workman and was continued as Team Member in Banjo Line and he continuously worked upto 2011. Due to Petitioner suffering from back pain, in February 2011, he was shifted to the 'Cut Check Lab' Section. In March 2014, the Respondent-Management required the Workman to go back to his original place of work i.e., Banjo Line from 'Cut Check Lab'. However, the Workman gave a representation not to shift him from 'Cut Check Lab'. In view of the same, the Management required the Petitioner to undergo a medical examination and accordingly, a medical certificate dated 22.04.2014 was issued. Thereafter, the Management issued a show cause notice dated 16.8.2014 and notified the Workman as to why his services ought not to be terminated vide clause 21 of the Certified Standing Orders of the Management. The Petitioner replied to the show cause notice on 18.08.2014. The Management vide termination order dated 28.08.2014, terminated the services of the Workman-Petitioner. Being aggrieved, the Workman filed a claim application before the III Addl. Labour Court, Bengaluru (for short 'Labour Court') under Section 10 (4-A) of the Industrial Disputes Act, 1947 (for short 'the Act') challenging the termination order dated 28.08.2014 passed by the Management. The Management entered appearance before the Labour Court and contested the proceedings. The Workman examined himself as WW1 and marked Exs.W1 to W82. The Management examined MW.1 and MW.2 and marked Exs.M1 to M46. Vide its award dated 24.11.2017, the Labour Court dismissed the application filed by the Workman. Being aggrieved, the present Writ Petition is filed.

3. It is the contention of the Workman that the termination is improper and that he was being victimized for his Union activities; that the Workman was satisfactorily discharging his duties at the 'Cut Check Lab' for more than three years and that his services at 'Cut Check Lab' was sought to be disrupted by the Management by sending him back to Banjo line only to punish him for his Union activities; that the termination of the Workman by the Managem

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