The main legal point established in the judgment is that medical benefits can be considered a post-retiral benefit and granted to a dismissed employee, while discretionary benefits such as free air passage may not be enforceable post-dismissal.

( 1 ) PETITIONER-RAKESH BEDI, A SR. TRAFFIC ASSISTANT, WORKING WITH AIR INDIA, WAS ISSUED A CHARGE SHEET ON 29. 7. 1996, ACCUSING HIM OF MIS-CONDUCT AND BREACH OF STANDING ORDERS. THE GRAVAMEN OF THE CHARGE WAS HABITUAL ABSENCE WITHOUT LEAVE FOR EXTENDED PERIODS OF TIME, WILLFUL INSUBORDINATION SUBVERSIVE OF DISCIPLINE. AN ENQUIRY COMMITTEE WAS CONSTITUTED. REPEATED ADJOURNMENTS WERE SOUGHT ON MEDICAL AND OTHER GROUNDS. ENQUIRY COMMITTEE AFTER CONSIDERING THE ENTIRE RECORD, INCLUDING THE EXPLANATION, AS FURNISHED BY THE PETITIONER SUBMITTED ITS REPORT. A COPY OF REPORT WAS SENT TO PETITIONER. THIS WAS FOLLOWED BY A SHOW CAUSE NOTICE, PROPOSING PENALTY ON PETITIONER. PETITIONER REPLIED TO THE SAME. RESPONDENT VIDE ITS ORDER OF 12. 5. 1998 METED OUT THE PUNISHMENT OF "dismissal WITH RETIREMENT BENEFITS IN FULL. "

( 2 ) RESPONDENT-AIR INDIA LIMITED HAD ALSO SOUGHT APPROVAL UNDER SECTION 33 (2) (B) OF THE INDUSTRIAL DISPUTES ACT FROM THE NATIONAL INDUSTRIAL TRIBUNAL AT MUMBAI, SINCE PETITIONER WAS A PROTECTED WORKMAN.

( 3 ) BY THIS WRIT PETITION, PETITIONER SOUGHT QUASHING OF THE DISCIPLINARY PROCEEDINGS AND ORDER OF PUNISHMENT DATED 12. 5. 1998 AND HIS REINSTATEMENT WITH FULL ARREARS OF SALARY AND CONSEQUENTIAL BENEFITS. PETITIONER IN THE ALTERNATIVE SOUGHT FULL RETIREMENT BENEFITS INCLUDING THE BENEFIT OF PROVIDENT FUND, PENSIONARY BENEFITS, MEDICAL BENEFIT AND FREE AIR TRAVEL BENEFITS, GIVEN TO AN EMPLOYEE, RETIRING IN THE NORMAL COURSE ON SUPERANNUATION. ALTERNATIVELY, PETITIONER PRAYED FOR THE QUASHING OF PROCEEDINGS UNDER SECTION 33 (2) (B) OF THE INDUSTRIAL DISPUTES ACT, 1947 BEFORE THE NATIONAL INDUSTRIAL TRIBUNAL, MUMBAI. COUNTER-AFFIDAVIT AND REJOINDER FILED BY RESPONDENTS AND PETITIONER.

( 4 ) I HAVE HEARD LEARNED COUNSEL FOR THE PETITIONER AND SENIOR COUNSEL, MR. RAJIV NAYYAR, COUNSEL FOR THE RESPONDENT, AT LENGTH.

( 5 ) DURING THE WRIT PROCEEDINGS RESPONDENT HAD ADMITTED THAT PENSION, GRATUITY AND PROVIDENT FUND ARE PAYABLE TO THE PETITIONER. THIS WAS RECORDED IN ORDER DATED 10. 5. 2004. THE GRATUITY AND PROVIDENT FUND ALREADY STAND PAID TO THE PETITIONER. AS REGARDS PENSION, IT IS STATED THAT UPON THE PETITIONER ATTAINING THE AGE OF 58 YEARS, PENSION AS ADMISSIBLE, WOULD BE PAID TO THE PETITIONER.

( 6 ) THE BONE OF CONTENTION BETWEEN THE PARTIES IS THUS CONFINED TO THE PETITIONER s CLAIM FOR MEDICAL BENEFITS AND FREE AIR PASSAGE FACILITY, WHICH IS SOUGHT TO BE DENIED BY THE RESPONDENT. LEARNED COUNSEL FOR THE PETITIONER ON INSTRUCTIONS FROM THE PETITIONER CONFINED HIS RELIEF IN THIS WRIT PETITION TO THE GRANT OF MEDICAL BENEFITS AND FREE AIR PASSAGE.

( 7 ) ON BEHALF OF THE PETITIONER, MR. VINAY SABHARWAL URGED THAT PETITIONER IS A PATIENT OF ACUTE DIABETES. THE AVAILABILITY OF MEDICAL BENEFIT IS ESSENTIAL FOR HIS VERY SURVIVAL. APART FROM THE LEGAL ENTITLEMENT, HAVING SERVED THE CORPORATION FOR OVER TWO DECADES, PETITIONER OUGHT NOT TO BE DENIED MEDICAL BENEFIT ESPECIALLY WHEN HE HAD BEEN, "dismissed WITH FULL RETIRAL BENEFITS. " IN SUPPORT OF HIS CLAIM FOR ENTITLEMENT TO MEDICAL BENEFITS AND AIR PASSAGE, MR. SABHARWAL REFERS TO CLAUSE 20 OF THE STANDING ORDERS OF AIR INDIA. HE SUBMITS THAT THE STANDING ORDERS HAVE BEEN FRAMED IN ACCORDANCE WITH SECTION 7 OF THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946. THESE ARE STATUTORY IN CHARACTER AND HAVE A BINDING EFFECT. THE PROVISIONS OF THE STANDING ORDERS WOULD PREVAIL OVER ANY INHOUSE, RULES, REGULATIONS OR SCHEMES, AS MAY BE FRAMED BY THE AIR INDIA IN THE EVENT OF ANY CONFLICT. HE REFERS TO CLAUSE 20 OF THE STANDING ORDERS UNDER THE HEAD PUNISHMENT, WHICH IS REPRODUCED AS UNDER FOR FACILITY OF REFERENCE:-

"20- PUNISHMENT any ONE OR MORE OF THE FOLLOWING PUNISHMENTS MAY, FOR GOOD AND SUFFICIENT REASONS, BE IMPOSED BY COMPETENT AUTHORITY ON ANY WORKMAN OF THE CORPORATION:- a) CENSURE b) FINE AS PROVIDED IN THE PAYMENT OF WAGES ACT WHERE APPLICABLE. C) WITHHOLDING OF INCREMENT. D) WITHHOLDING OF PASSAGE FACILITY. E) RECOVERY FROM WAGE OF THE WHOLE