RSRTC Vs. AZIZUDDIN & ANR

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner Corporation to challenge the award dated 13.5.2004 Annexure-11 passed by the Judge, Labour Court, Bhilwara in which the Judge, Labour Court held that termination of the respondent workman w.e.f. 19.1.1991 is in violation of Section 25-F of the ID Act and respondent workman is entitled for reinstatement in service on the post of Driver and further ordered that he will be entitled for all retiral benefits after his reinstatement in service.

(2.) Learned counsel for the petitioner submits that although the respondent workman was employed as Driver in the petitioner Corporation on 2.1.1976 and worked upto 19.1.1991 but the respondent workman was got examined by the Medical Board vide communication dated 16.10.1990 and he2 was reported to be unfit for driving the vehicle because he was suffering from short-sightedness in both the eyes. The Divisional Mechanical Engineer, RSRTC, Ajmer issued a show cause notice as to why services of the petitioner may not be brought to an end in conformity with Section 2 (oo) (c) of the ID Act. The respondent workman filed reply to the notice and vide communication dated 29.12.1990, the respondent workman was directed to appear before the Divisional Mechanical Engineer, RSRTC, Ajmer and after considering his arguments, the authority arrived at with the finding that the respondent workman is not fit for retention in service, therefore, his services were brought to an end vide order dated 19.1.1991.

(3.) Learned counsel for the petitioner submits that it is not a case of retrenchment but it is a case to disallow the petitioner to work due to physical insufficiency, therefore, the services of the respondent workman were rightly terminated under Section 2 (oo) (c) of the ID Act.