G SELVARAJAN Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) BY consent of both parties, the writ petition itself is taken up for final disposal.

(2.) PETITIONER seeks to quash the award of the Labour Court, Salem, dated 22. 4. 2004 made in i. D. No. 654 of 2001 and reinstate the petitioner in service by providing him a suitable job with all backwages and attendant benefits.

(3.) PETITIONER joined the second respondent Corporation as driver in the year 1984. In the year 1997, petitioner was asked to appear before the Dean of Mohan Kumaramangalam Medical college Hospital, Salem, for periodical medical check up and accordingly petitioner appeared before the Dean and eye vision check up was done to the petitioner. The Dean issued a certificate on 18. 12. 1997 certifying that owing to defective eye vision of left eye of the petitioner, he is unfit to work as a Driver. Based on the said certificate, the second respondent discharged the petitioner from service by order dated 6. 2. 1998, which order was challenged before the first respondent herein in I. D. No. 65 4 of 2001. The Labour Court, by award dated 22. 4. 2004, justified the discharge order and directed the second respondent to provide alternate appointment to the petitioner after settling terminal benefits within a period of three months. The said award was passed based on G. O. Ms. No. 746 dated 2. 7. 1981 as well as 12 (3) settlement, which is under challenge in this writ petition.