Supreme Court in Consumer Education and Research Centre and ors.
v/s. Union of India and ors., AIR 1995 SC 922. In the above case on
consideration of Article 21 read with Articles 39(e), 41, 43 and 48A
of the Constitution the Apex Court held that the workman has a right
to health. The Court held that continued medical treatment, while in
service and after retirement is a moral, legal and constitutional
concomitant duty of the employer and the State. The Apex Court has
accordingly held that right to health, medical aid to protect the
health and vigour of a worker while in service or post retirement is a
fundamental right under Article 21 of the Constitution. We hope and
trust that respondents will keep this constitutional mandate in mind
while considering the claims of the employees for reimbursement of
the medical expenses, particularly when employees are merely
claiming reimbursement for costs of medicines purchased by them as
per prescription of the doctor.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11434 OF 2012
Rajendra B. Kasare
v/s.
Union of India & Anr.
CORAM: MOHIT S. SHAH, C.J. &
M.S.SANKLECHA, J.
DATE : 25 March 2014
Citation; 2015(3) ALLMR222
