GENERAL MANAGER HINDUSTAN STEEL LIMITED Vs. SANTOSH SINGH

JUDGEMENT

(1.) THE petitioner, General Manager, Hindustan Steel Ltd. , bhilai Steel Plant, by this petition under Articles 226 and 227 of the Constitution seeks to quash the order of the Labour Court dated 29-4-1972 (Annexure-F) and the order of the Industrial Tribunal dated 30-11-1972 (Annexure-G) whereby respondent No. 1 was ordered to be reinstated on the post held by him immediately prior to the termination of his services.

(2.) THE respondent No. 1 was employed by the petitioner as a heavy vehicle driver on 7-11-1956. On 3-7-1965 the respondent No. 1 was examined by the Industrial Medical Officer, Dr. V. C. Mankodi, and was found unfit to work as a driver for the reason that he was colour blind. The respondent No. 1 was then referred to the Medical Board and the said Board also declared respondent No. 1 unfit for driver's post due to colour blindness. The copy of medical examination report by the Medical Board is Annexure-C. The respondent No. 1 was therefore discharged from service with effect from 4-2-1966, vide order passed on 2-2-1966 (Annexure-A) in accordance with the provisions contained in Company's Standing Orders Nos. 24 and 36. The respondent No. 1 filed an application under section 31 of the M. P. Industrial relations Act before the Labour Court at Raipur, claiming reinstatement with full back wages. That Court passed the impugned order (Annexure-F)in which it was held that the respondent No. 1 was not colour blind. Hence he was ordered to be reinstated. The said order was confirmed by the industrial Tribunal in revision No. 135/mplr/1972, vide order dated 30-11-1972 (Annexure-G ). The petitioner has, therefore, come to this Court with a prayer that the aforesaid orders for reinstatement of respondent No. 1 be quashed.

(3.) THE learned Deputy Advocate General drew our attention to Standing Order No. 24, which reads as under :-