Employer's Unexplained Delay in Referring Employee for Medical Examination Cannot Deprive Worker of Wages: Gujarat High Court Upholds Labour Court Award

1. Case Snapshot

Case Name: The Divisional Controller, ST Vadodara Division vs The General Secretary, S T Majdur Sangh (BMS)

Citation: Special Civil Application No. 3357 of 2025

High Court: High Court of Gujarat at Ahmedabad

Bench: Hon'ble Mr. Justice Devan M. Desai

Date of Judgment: 30th June, 2026

Area of Law: Labour Law, Industrial Disputes, Service Law, Wages, Medical Examination

2. Judgment in Brief

The Gujarat High Court dismissed a petition filed by the Gujarat State Road Transport Corporation challenging the Industrial Tribunal's order directing payment of wages and other benefits to a driver for the period from 29.04.2011 to 01.01.2013. The driver had submitted a medical certificate on 29.04.2011 stating that he was unable to drive due to brain illness and weak eyesight, requesting re-categorization to a lighter post. The Corporation took approximately 21 months to refer him for medical examination, during which time he remained absent from duty. The driver was punished for the absence and later re-categorized as a watchman. The High Court held that the Corporation's unexplained delay in processing the employee's application was unjustified, and the employee could not be denied wages for the period he was forced to remain idle due to the employer's inaction. The Court further held that the employee had already been punished for the absence and could not be doubly punished by denying wages.

3. Relevant Facts

Appointment and Medical Issue

• The respondent employee was appointed as a driver on 07.09.2010.

• On 29.04.2011, the employee submitted an application with a medical certificate from Neurocare Clinic, Vadodara, stating that he was unable to drive due to brain illness and weak eyesight.

• The employee requested that he be given light duty and re-categorized from the post of driver to any other post.

Delay in Medical Examination

• The Depot Manager forwarded the employee's application to the Divisional Controller, Vadodara, on 18.07.2012—approximately 15 months after the employee's request.

• The Divisional Controller referred the employee for medical examination at Jamnabai General Hospital, Vadodara, on 01.01.2013.

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