Salome Singsit vs Airline Allied Services Ltd And Ors. on 3 July, 2012
19. Ld. counsel for the petitioner has also relied upon the judgment
of the Calcutta High Court in the case of Smt. Nipa Dhar (Nee
Ghosh) vs. National Aviation Company of India Ltd. and Ors.,
(2011) 1 Callt.284 (HC). The case of the appellant was that due to
medication to cure 'phobic anxiety', the chemical as consumed was the
contributory factor of overweight. It was her further case that
settlement under the Industrial Dispute Central Rules, being the
condition of service and she got a right for fair and just consideration
of her case for annuity due to her medical unfitness to perform flying
duties due to suffering from 'altitude phobia' and the authority did not
consider her case, but terminated the service. A positive case has been
made out by foundational facts that the authorities discriminated. The
High Court of Calcutta directed the respondents to constitute a
medical board and assess her medical condition and thereafter give her
the job suitable to her.