Distress And Depressions Are Byproducts Of Modern Life: Karnataka High Court Affirms Award Reinstating Workman Dismissed For Unauthorized Absence Of 632 Days
The Karnataka High has observed that distress and depression are the byproducts of modern life which can affect both our personal and professional lives, while affirming the order of a Single Bench of the High Court to reinstate the Workman/Respondent to his employment in Karnataka Power Transmission Corporation Limited.
The Court dismissed an Appeal challenging the order of the High Court whereby the Labour Court’s award reinstating the Respondent/workman was affirmed. The Court observed that the workman/Respondent had explained that he was going through a difficult phase and was unable to focus on his job and not because he intended to cause inconvenience to his employer.
The Bench headed by Chief Justice Prasanna B. Varale and comprising Justice Krishna S Dixit observed, “Distress and depressions are the byproducts of modern life, whichever be the calling. Stress is the product of the psychological or emotional pressure that we experience both in our personal and occupational lives. Often it is difficult to insulate the stress, and to determine its impact on day to day activities”.
Advocate Shirish Krishna appeared on behalf of the Appellant.
The Respondent was allegedly absent for 632 days and was dismissed from employment as a punishment. The Appellant approached the Court by way of a Writ Petition challenging the order of the High Court, whereby the Application was dismissed and the award of the Labour Court for reinstatement of the Respondent was affirmed. The Appellant contended that such unauthorized absence for such a long period breeds a lot of indiscipline and therefore the punishment of dismissal could not have been set aside by the Labour Court.
The Court refused to interfere in the order of the Labor Commissioner and noted that “we decline indulgence in the matter in as much as the Labour Court, after due appreciation of facts, in its accumulated wisdom, has set aside the dismissal and directed the reinstatement of the workman; the same has been deeply examined the learned Single Judge who concurred with the findings of the Labour Court, after referring to as many as ten Rulings cited at the bar”.
The Bench noted that the Respondent/workman had explained that he was going through a difficult phase and was unable to focus on his job. He had missed work due to his mental state and not because he intended to cause inconvenience to his employer.
“The respondent workman has specifically stated that he was undergoing a serious distress of mind and as a consequence, was not able to evince interest in the accomplishment of the job. That is why he had remained absent with no culpable intent to cause any inconvenience to the employer”, the Bench observed.
Furthermore, the Court expressed that the modern lifestyle often leads to stress and depression, which can affect both our personal and professional lives. It can be challenging to identify the source of stress and its impact on our daily lives. In some cases, the stress encountered at work can make it impossible to function in a work environment, the Bench added.
Accordingly, the Court dismissed the Appeal and affirmed the impugned order.
Cause Title: Karnataka Power Transmission Corporation Limited v S. Kiran (2023:KHC:38263-DB)
