BALBIR SINGH Vs. PRESIDING OFFICER AND ORS.

JUDGEMENT

(1.) THE petitioner has approached this Court for quashing of the award dated 2.4.2013 (Annexure P -13) and the order dated 24.1.2003 (Annexure P -12) passed by the Industrial Tribunal, Bathinda whereby the petitioner had been dismissed from service and for a writ in the nature of mandamus for an appropriate direction to the respondents to grant invalid retirement to the petitioner on medical grounds from the date when petitioner moved an application for invalid retirement. It has been stated that in the year 1996 the petitioner met with an accident and prior to that time he was employed as bus conductor with the respondents against a regular vacancy and was drawing a salary of Rs. 5500/ - per month.

(2.) ON account of the accident his right leg was shortened and therefore was not able to move to and fro in the whole bus time and again for discharge of his duties of bus conductor, much less it was physically impossible for the petitioner to perform duty of bus conductor. The petitioner is stated to have moved an application on 1.6.1998 (Annexure P -1) whereby he sought retirement on medical grounds. The Chief Manager, Punjab Roadways vide letter dated 3.7.1998 (Annexure P -2) wrote to the Civil Surgeon that a medical test of the petitioner be conducted with regard to the fitness of the petitioner. In the said letter the Chief Manager acknowledged the fact that the petitioner was on medical leave due to his illness. For the sake of brevity the contents of the letter (Annexure P -2) are extracted hereunder: -

(3.) THE Chief Manager, Punjab Roadways vide letter dated 25.5.1999 (Annexure P -4) wrote a letter to the Director, Health Services Medical Board, Punjab, Chandigarh to conduct the medical test so that he can be granted invalid pension on medical grounds. The Director, Health and Family Welfare Department, Punjab vide letter dated 18.7.1999 informed the petitioner to get his medical test conducted by appearing before the office of Civil Surgeon, Faridkot on 6.8.1999 or on 20.8.1999 at 9.00 A.M. It was also directed to bring the entire medical record.