JOYNAH VICTOR DE Vs. INDIAN AIRLINES LIMITED
HIGH COURT OF CALCUTTA
J.JOYNATH VICTOR DE
INDIAN AIRLINES LIMITED
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(1.)THIS is an appeal directed against the order passed by a learned Single Judge dated 18th August, 1999 whereby the learned single Judge dismissed the writ petition of the petitioner. Aggrieved against that order the present appeal has been filed by the appellant.
(2.)BRIEF facts which are necessary for disposal of this appeal are that the petitioner was a flight purser of the Indian Airlines and he has been serving since 1968. On 4th April, 1996 the petitioner was on duty on Flight No. IC-770. This flight on the said while scheduled to take off for Calcutta from Bhubaneswar developed some technical fault, the flight could not take off. The Indian Airlines made arrangements for lodging all passengers and crew members in a hotel at bhubaneswar. At Bhubaneswar the petitioner fell down inside the hotel and broke his leg. Thereafter he was taken to Calcutta by the next day morning flight. The petitioner claimed for accident and disability leave for 92 days from 15th April, 1996 to 5th July, 1996 as applicable under Regulation 135 of the indian Airlines Employees' Service Regulations. The petitioner also claimed compensation. The petitioner by the communication dated 11/14th October, 1996 was informed by the Senior Manager (Personnel) that his application for sanction of the accident and disability leave was examined and the same could not be accepted as per Rules. The prayer of the petitioner for compensation was also rejected by the authority.
(3.)REGULATIONS 135 and 136 of the Indian Airlines Employees' Service regulations read as under:
"135. Accident and disability leave.- (1) Employee sustaining an injury caused by an accident arising out of and in course of his employment, or by illness occurred- (1) during the course of and in consequence of the due performance of the duties assigned to him, or (ii) in the performance of any particular duty which has been the effect of increasing his liability to illness beyond the ordinary risk of attending the normal duties assigned to him may on production of a medical certificate in the prescribed form be granted accident and disability leave upto a maximum of one hundred and twenty days (120 days ). (2) During the period of leave granted under sub-regulation (1) the employee shall be entitled to his full pay: Provided that an employee who is unable to resume duty after the expiry of the leave granted under this regulation, may be granted, at the discretion of the Managing Director, an extension of such leave on full pay for a period not exceeding two hundred and seventy-four (274) days. If a medical board constituted by the Corporation for the purpose, recommends such extension. The Corporation shall meet the cost of medical treatment of the employees in accordance with the provisions of regulation 161. 136. The grant of leave is subject to the condition that the accident or illness is not due to the employee's negligence or default and that the employee obeys all instructions given by the approved medical authority as to treatment during the period of absence".
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