STATE OF HARYANA Vs. HUKAM CHAND AND ANOTHER

JUDGEMENT

(1.) The case of the respondent-workman before the Labour Court in reference No.566 of 2000 was that he was appointed as a Driver with the Haryana Roadways, Jind in 1983. In the year 1983, he was appointed as a Yard Master. His transition from Driver to Yard Master was a result of an injury he sustained which had led to registration of a FIR in Police Station, Jind against the driver of the offending Matador. He was prematurly retired and boarded out of service on 13.11.1998 on the ground that he was not fit to perform duties of a Driver. He pleaded that he should not have been retired prematurely but should have been offered an alternative job. The case of the management is that the workman was offered the lower job of Chowkidar or Water Carrier which he was reluctant to take up and, therefore, he was not entitled to any relief as there was refusal to perform duty of the job offered.

(2.) The Labour Court has held that the workman ought to have been offered an opportunity of working on a light vehicle or any other equivalent job and he could have been continued as a Yard Master which the Labour Court has found to be a posts equivalent to the post of Driver of a light vehicle. A direction was therefore issued by the learned Labour Court reinstating the workman to the post of the Yard Master with continuity of service and full back wages from the date of demand notice i..e. 25.01.2000.

(3.) The workman filed Civil Miscellaneous Application No.14337 of 2012 in the present writ petition claiming that his case deserves to be considered also from the point of view of the protections afforded by Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act) Act, 1995 (for short "the Disabilities Act, 1995). Section 47 of the Disabilities Act, 1995 reads as follows:-