No compassion can be shown to a person who has no will to work, the Delhi High Court has observed while upholding a termination order against a clerk of District Court who was accused of absenting herself from duty frequently. One Suman Taneja, who was working as Lower Division Clerk in the office of District Court had approached the Delhi High Court against the termination order passed against her. Perusing the records, the Court observed that the petitioner was not performing her duties with due diligence and she was found guilty of taking unauthorized leaves and she has failed to show that the leaves that were taken by her were sanctioned by the respondents. Thus, it is clear that the petitioner has decided at her own will when to take leave and when to report for duty, Justice Ved Prakash Vaish said. Even after issuance of repeated Memos, the petitioner neither report back to duty nor submitted anysatisfactory explanation for her absence, which shows that she was absolutely incorrigible and did not mend her ways despite repeated warnings. In these circumstances, any employer would have taken the same action because it was absolutely clear that the petitioner was not interested in her job, the Court observed. The court said that she has to blame herself for the termination faced by her. The court further added “No compassion can be shown to a person who has no will to work, and no respect for the directions/ warnings issued by authorities. It is absolutely clear that sufficient opportunity was given to the petitioner but she showed no improvement. It seems she was absenting at her own whims and fancies without bothering for the consequences.”
1) C. K. Subramonia Iyer vs. T. Kunhikuttan Nair - AIR 1970 SC 376 2) R. D. Hattangadi vs. Pest Control (India) Ltd. - 1995 (1) SCC 551 3) Baker vs. Willoughby - 1970 AC 467 4) Arvind Kumar Mishra v. New India Assurance Co.Ltd. - 2010(10) SCALE 298 5) Yadava Kumar v. D.M., National Insurance Co. Ltd. - 2010 (8) SCALE 567) 5. The heads under which compensation is awarded in personal injury cases are the following : Pecuniary damages (Special Damages) (i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure. (ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising : (a) Loss of earning during the period of treatment; (b) Loss of future earnings on account of permanent disability. (iii) Future medical expenses. Non-pecuniary damages (General Damages) (iv) Damages for pain, suffering and trauma as a consequence of the injuries. (v) Loss of ...
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