MAHARASHTRA STATE ELECTRICITY BOARD Vs. DAMODHAR SAKHARAM BHOYAR

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of constitution of India petitioners-employer challenged the order dtd. 29-3-1988 passed by 2nd Labour Court, Nagpur and the order dtd. 3-3-1992 passed by industrial Court, Nagpur in revision confirming the same.

(2.) THE original respondent No. 1 Damodhar was appointed as Watchman of the petitioners on 23-6-1981. He was to be medically examined before his appointment but that medical examination could not be done and thereafter he was sent for medical examination by letter dated 5-1-1987. Said respondent accordingly appeared before Civil Surgeon Chandrapur, who examined him and submitted a report that he is suffering from Aortic Stenosis with incompetence. In view of this finding the petitioner referred the case of respondent to Medical board and on 27-6-1987 he was informed by the petitioner-Board that he was not found fit for service and he would be terminated after 30 days.

(3.) THE original respondent challenged this order by filing U. L. P. Complaint no. 745/87 before 2nd Labour Court, Nagpur. Second Labour Court, Nagpur allowed his complaint and the petitioner-Board was directed to reinstate him back in service with continuity and with backwages. The petitioner challenged this order by filing a revision under section 44 of M. R. T. U. and P. U. L. P. Act before Industrial Court and on 3rd March, 1992 the learned Member of Industrial court was pleased to dismiss the said revision. The petitioner thereafter filed present petition which has been admitted by this Court on 20th August, 1993. On 23rd July, 1993 this Court directed respondent to get himself medically examined by Civil Surgeon to ascertain whether he can discharge duties of Peon in petitioners-Board. On 20-8-1993 this Court found that respondents did not produce any such fitness Certificate and permitted respondent to file it before the petitioner-Board and further directed petitioner-Board to appoint respondent as peon after production of said Certificate. Subject to this, the order of Labour court reinstating him as Watchman and ordering payment of back wages was stayed. The said order is operating since then. Respondent did not produce any such medical Certificate before the Board. It appears that during pendency of this petition he expired and by order dtd. 8th February, 1994 his legal heirs were permitted to be brought on record. Respondent Nos. 1, 2, 3 and 4 to the present petition are those legal heirs.