Ill Health

Ill health, any disorder in health which incapacitates an individual from discharging the duties en-trusted to him or affects his work adversely or comes in the way of his normal and effective functioning can be covered by the said phrase. The phrase has also to be construed from the point of view of the consumers of the concerned products and services. If on account of a workman's disease or incapacity or debility in functioning, the resultant product or the service is likely to be affected in any way or to become a risk to the health, life or property of the consumer, the disease or incapacity has to be categorised as ill-health for the purpose of the said sub-clause. Otherwise, the purpose of production for which the services of the workman are engaged will be frustrated and worse still in cases such as the present one they will endanger the lives and the property of the consumers. The phrase would include cases of drivers who have developed a defective or sub-normal vision or eyesight which is bound to interfere with their normal working as drivers, Anand Bihari v. Rajasthan State Road Transport Corpn, AIR 1991 SC 1003 (1007): (1991) 1 SCC 731.