Disposed

Sri. S. Rajappa v. the Managing Director

Karnataka HC20 Dec 2023WP/23282/2023

Case brief

AI extract

What is this about?

This court, in a preliminary hearing, set specific norms for the petitioner to obtain a Disability Certificate aligned with previous judgments. The workman was directed to submit the certificate within six weeks for a decision within four months, and light duty was ordered until the decision is made.

What did the court decide?

Direction to obtain a Disability Certificate within six weeks; Corporation to provide light duty; decision to be made within four months.

Sri. S. Rajappa Vs the Managing Director — Service and Employment | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:46504 WP No. 23282 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 20^TH DAY OF DECEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.23282 OF 2023 (S-KSRTC)

¶6

BETWEEN:

¶7

SRI. S. RAJAPPA S/O LATE K. SHIVAPPA, AGED ABOUT 55 YEARS, R/A DOOR NO.9/4, VINAYAKA EXTENSION, NEAR BAR NAGENDRAPPA HOUSE, HOSADURGA TOWN - 577527, CHITRADURGA DISTRICT.

¶8

…PETITIONER

¶9

(BY SRI.M.C.BASAVARAJU., ADVOCATE)

¶10

AND:

¶11

Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

¶12

THE MANAGING DIRECTOR, KSRTC, CENTRAL OFFICES, K H ROAD, SHANTHI NAGAR, BANGALORE - 560 027.

¶13

THE DIRECTOR, (ESTABLISHMENT AND VIGILELANCE), THE CHARIMAN, THE COMMITTEE FOR VERIFICATION OF ALTERNATIVE POST, KSRTC, CENTRAL OFFICES, K H ROAD, SHANTHI NAGAR, BANGALORE - 560 027.

¶14

THE DIVISIONAL CONTROLLER, KSRTC, CHITRADURGA DIVISION, CHITRADURGA - 577501.

¶15

…RESPONDENTS

¶16

(BY SMT.RENUKA H.R., ADVOCATE)

¶17

¶18

NC: 2023:KHC:46504 WP No. 23282 of 2023

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

¶20

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

¶21

ORDER

¶22

Sri.M.C.Basavaraju., learned counsel for the petitioner and Smt.H.R.Renuka., learned counsel for the respondents have appeared in person.

¶23

Learned counsel for the petitioner and the respondents have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.

¶24

The issue revolves around the Disability Certificate issued by the Doctor concerned. This Court in W.P.No.16755/2022 and also in W.P.No.15075/2022 has setout certain norms.

¶25

The norms are extracted as under:

¶26

(a) The details of the affected part of the body;

¶27

(b) The manner in which it is affected and the reason

¶28

by which it has been affected;

¶29

¶30

NC: 2023:KHC:46504 WP No. 23282 of 2023

¶31

¶32

(d) The treatment protocol followed as regards the said ailment/affliction;

¶33

(e) Diagnosis in simple layman's language which could be understood by a layman including this Court and the lawyers appearing;

¶34

(f) The further treatment protocol suggested and/or recommended by the medical board;

¶35

(g) The details of the physical impairment and/or mental disability, including the methodology of calculation of such impairment or disability;

¶36

(h) The future reassessment of the disability to be conducted and the time frame in which it has to be conducted;

¶37

(i) The nature of the work which cannot be performed by such workman with reference to the current employment of the workman i.e., in other works to state whether the work which has been done by the workman presently at his/her posting could be done by said workman or not.

¶38

¶39

NC: 2023:KHC:46504 WP No. 23282 of 2023

¶40

If not what kind of work could be done by such workman.

¶41

(j) Schedule I of the Workmen's Compensation Act, 1923 provides for the percentage of loss of earning capacity on the basis of the injuries caused, the same could also be taken into account by the Medical Board.

¶42

(k) to contain the specifications of the disability of particular part of the body and the materials relied to arrive at such a conclusion.

¶43

(l) The details furnished to be legible and readable to the common man.

¶44

The petitioner on his own should undergo medical examination and the Disability Certificate should be obtained with the above said specifications and on submission of the Disability Certificate by the workman, the Corporation is at liberty to look into the matter and pass necessary orders in accordance with the law.

¶45

The Disability Certificate shall be obtained and submitted to the Corporation within six weeks from the date of

¶46

5 - NC: 2023:KHC:46504 WP No. 23282 of 2023

¶47

receipt of the certified copy of this order in terms of the norms set out in W.P.Nos.16755/2022 and 15075/2022. On such submission of the Disability Certificate by the workman, the Corporation shall consider the same and take decision in accordance with the law within a period of 4 months thereon.

¶48

The Corporation is directed to provide light duty to the respondent/ workman till it takes the decision on the disability certificate that would be furnished by the workman. The respondent/ workman is hereby directed to approach the Corporation within two weeks from today and report to duty by filing a duty report.

¶49

6. Accordingly, the Writ Petition is disposed of .

¶50

Sd/JUDGE

¶51

TKN,MRP List No.: 1 Sl No.: 13

Sri. S. Rajappa v. the Managing Director

Case brief

What is this about?

What did the court decide?

Sri. S. Rajappa v. the Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Toyota Kirloskar Motor Employees Union Vs the State of Karnataka

The Chief Traffic Manager Vs Sri Jayaramu C v

Workmen of the Taj West End Hotel Vs Management of the Taj West End Hotel

The Divisional Controller Vs P Basha

M. Rangappa Vs the Managing Director

Basappa S/O Andappa Harijan Vs the Divisional Controller