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Elizabeth Victor vs The Presiding Officer

Madras High Court|21 November, 2017

JUDGMENT / ORDER

This writ petition has been filed challenging the correctness of the award passed by the Principal Labour Court, Vellore in I.D.No.2 of 2016, in and by which the request of the petitioner to cancel the order of removal from service has been rejected, on the basis that the petitioner herself had categorically admitted during her cross examination that she is ailing from mental sick, for which she had underwent treatment. The award further states that though the petitioner concedes that she is mentally sick, but she deposed that as on date, she had recovered from the above ailment and to ascertain the same, she claims to refer some other doctors other than CMC and hospital to elicit her mental strength. In view of the above admission made by the petitioner that she is mentally ill, the finding of the Labour Court that it is obvious that once the petitioner herself confessed that she being mentally sick, then there is no further discussion warranted to justify the mental attitude of the petitioner to ascertain whether she can be permitted to continue in the profession, cannot be found fault with. When the petitioner herself failed to justify before the Labour Court that she is physically and mentally fit to take up the job, the finding reached by the Labour Court that she is unfit to be appointed as Staff Nurse is perfectly in order. Therefore, the writ petition is dismissed.
21.11.2017 Speaking/Non speaking order Index : yes/no ss To
1. The Presiding Officer Principal Labour Court Vellore T.RAJA, J.
ss W.P.No.29700 of 2017 21.11.2017
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Title

Elizabeth Victor vs The Presiding Officer

Court

Madras High Court

JudgmentDate
21 November, 2017