MOHAN S Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of Certiorarified Mandamus, to call for the award passed by the first respondent in I.D. No. 86/94 dated May 23, 1995, quash the same and to direct the second respondent to appoint the petitioner in a suitable post protecting his last drawn pay with all the arrears of pay and attendant benefits.

(2.) The petitioner joined service in the second respondent Corporation as driver on June 29, 1990 on daily wages of Rs. 40. A new order of appointment dated October 5, 1991 was issued to the petitioner and he was posted to Pondicherry Branch and his posting order was issued on October 17, 1991. He had completed all the requirements of making caution deposit, contribution to Medical College and Engineering College and the other deposits as required under the order of appointment. On April 6, 1992 at midnight, while he was driving the bus towards Madras, one lorry coming from the opposite direction in rash and negligent manner, dashed against the bus and the petitioner suffered injuries on his right eye. The injury resulted in the petitioner completely losing his vision of his right eye.

(3.) The petitioner was sent for medical examination and the Medical Board certified that the condition of the petitioner's eye rendered him unfit for being continued as a driver, though otherwise the petitioner's physical condition was normal. A show- cause notice was issued on January 20, 1993 calling upon the petitioner why he should not be discharged from service. The petitioner sent a reply to the management with also request for an alternate job after explaining his family situation. According to the petitioner, the management passed an order on March 5, 1993 discharging the petitioner from service on medical grounds. Therefore the petitioner raised an Industrial Dispute.