Karnataka high court upholds reinstatement of KPTCL employee suffering from depression
Bengaluru, Nov 2: The High Court of Karnataka has upheld the order of a single judge reinstating a Karnataka Power Transmission Corporation Limited (KPTCL) employee who was dismissed from service for being absent for a total of 632 days owing to depression.
The court upheld the contention of S Kiran (35) that it was only because of work stress that he was absent and not to cause any inconvenience to the employer.
A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit in its recent judgment said, “There may come a point that the ‘stressors’ encountered in the workplace lead to the inability to function in a work environment. A decision to lay an employee off work, with or without just cause, may well escalate the level of depression.” Kiran of Hassan was employed as a Station Attendant (Grade II) on a permanent basis in January 2008.
The judges said, “Distress and depressions are the by-products 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.” A single judge bench had earlier ordered his reinstatement which was challenged by the KPTCL through an appeal.
“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 HC noted.
It remarked that the KPTCL being the state enterprise should be a model employer and not act like an agency of the colonial regime.
"The appellant being an entity under Article 12 of the Constitution of India, has to conduct itself as a model employer; that is how a Welfare State should be; it has to treat its employees with fairness & empathy; by that, it wins the heart of workforce and that eventually results in increased productivity.
Otherwise, where would we locate the line that demarcates a Welfare State and a Colonial Regime?” the HC asked dismissing the appeal.
Citing a judgment of a US court, the HC said, “Constitutions are intended to preserve practical and substantial rights, not to maintain theories,” and refused to interfere in the single-judge order.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
