DELHI TRANSPORT CORPORATION Vs. INDER SINGH

JUDGEMENT

(1.) By way of this writ petition the petitioner-management challenges the award of the Labour Court whereby the reference made to it by the appropriate Government at the instance of the respondent-workman in respect of the dispute raised by him regarding the petitioner's decision to prematurely retire him from its employment on medical grounds has been answered in favour of the respondent-workman.

(2.) The relevant facts are that the respondent-workman was employed with the Delhi Transport Corporation as a driver in the year 1980. On the allegation that he had participated along with many other employees of PTC in an illegal strike in the year 1998 he was dismissed from service. However, subsequently all the employees, including the respondent herein, who had allegedly participated in that illegal strike were reinstated in service in October, 1989 subject to their being found medically fit (though as per the case of the workman there was no such condition imposed). The respondent was then subjected to medical examination and as per the case of the petitioner when the Medical Board of DTC examined the respondent he was found medically unfit for the post of driver vide report dated 25th July, 1991. The medical deficiency found by the medical Board as per report was "amputated distal phalanx of right ring finger". In view of the fact that the respondent-workman was declared medically unfit, the petitioner-management invoked Clause 10 of DRTA (Conditions of Appointment and Service) Regulations, 1952 and a decision was taken to prematurely retire him on 9th January, 1992. The respondent-workman felt aggrieved and approached the Labour Authorities. Since conciliation efforts failed the matter was referred to the Labour Court by the appropriate Government vide reference no. F.24(3102)/93-LAB for adjudication. The dispute which was referred to the Labour Court was as follows:--

(3.) Before the Labour Court the respondent-workman had filed his statement of claim wherein he had pleaded that he had been illegally retired from service.