57 f CWP No056 of2010 INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No056 of2010 Dateofdecisiond e112011 Bhim Singh Oeee Petitioner Versus Ofllcer IndustrialTribunalmcun 1m CourteIIGurgaonand another eeee CORAM HONBLE MR JUSTICE RAJIVE BHALLA 0 0 Present1MreRCMalik SeniorAdvocate with I MreKohalSharma Advocate for the petitioner t5 I MsShruti Jain AAG Haryanafor the State sss Hr Z RAJIVE BHALLA Je The prays for issuanceof a writ in the I natureof certiorarifor awarddated2902010 P Z 21in so far as the hasbeendenieda majorpart CO andallowances 7 The petitioner was as a driver on regular basis 111 Z theGurgaonDepotof HaryanaRoadwaysThe petitioner was retired from serviceon 21 0998 on the that he is medically unflt for thepostof driver The petitioner raisedan industrial disputewhich was referred to the IndustrialTribunalcunbour CourtI Gurgaon The petitionerpleaded that in view of Section 47 of the Personswith Disabilities Equal Protection of Rightsc Full Act 1995Onshort the Act9the order of retirement 1S illegalThe Labour Court accepted the plearaisedby the petitioner Pooja 2014.05.12 10:36 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 58 e CWP No9056 of2010 ne2e and vide the award heId that order dated 21 01998 retiringthepetitioner on medicalgrounds is illegalbutwhile holding as aboveheldthat as thepetitioner hadattainedtheageof on 31052007 theendsofjustice would be met ifthe petitioner is paid m a of Rs1500001 7upeesOne Iacand flfty with 0 2 interest Rs60Iopa in lieu 0 0 Counselfor the petitioner submitsthat as the Labour Court I has held that the order retiringthe is illegalit has no I jurisdiction to restrlct to Rsl500001 on the groundthat Z the petitioner hasretired It is furthersubmittedthatsimilarly situated driverswho were also retiredon medicalgrounds theHigh I 08 Court and one such petitionis by wayof CWP No16092 of 2005 00 titled Gurbachan SinghVls State of Harvana and others The va Z wnt petitlonwas allowed and the petitioner has been ordered to be 41 reinstated with full salaryand allowances In the absenceof any featurebetweenthe case of thepetitioner in thepresent case and the petitioner in the abovereferredcase the lS entitled to full baclwagesIt is furthersubmittedbyplacingreliance upon anotherDivision Benchjudgment of this Court in Gian Chand Vls State ofHarvanaand others 200611RSJ thatthe notiflcation dated 27062005 removingthe post of driver from the purviewof Section47 of theAct doesnot applyto the case of the as the notification is in Counsel for No submils that vide notification Pooja 2014.05.12 10:36 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 59 CWP No056 of2010 3 dated 27062005 the posts of driver and conductor have been from the of Section 47 of the Act While the petitioner from service the hasonlyfollowed lIlstructiOIlSdated2008992 issuedbythe Commissioner It is furthersubmittedthat as the workman cannot be reinstated the Labour Court hasrightlyawardedRs500001 in lieu 1 It is prayed that as the awarddoesnot sufferfromany error or of law thewrit petition should be dismissed 0 0 I haveheardcounsel for theparties andperused the I C5 award I The was workingas a driver with the Haryana Z Depot at Gurgaon He was retired from service on l 21 01 998 as he was suffering from tuberculosis The petitioner I raisedan industrial dispute which was referred to the Labour Court Z The Labour Court has furtherheldthat theorderretiring the t on medical is illegalas it violates Section 47 of the Act m7 Z While holdingso the Labour Court has further held that as the ll workman has from service on 31052007 the ends of justicewould be met by Rs 500001 in lieu of backe wageS A relevant extract from the award passedby the Labour Court readsas follows 23 As per the material placedOll file the order of retlrement dated 21098 is illegal The dateofbirth of workman is 361949 and he was due to retire on 3152007 after attaining the ageof of 58 Pooja 2014.05.12 10:36 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 60 CWP Noe9056of2010 4m years Hence he can not be reinstatedbecausenow at the stageof passingof award he had crossedthe age of Hence therebykeeping ln view all the relevantfacts I am of the consideredopinionthat the ends of justiceshall meet if he is held entitled to the consolidatedsum of Rsl0000 therebykeepinglIl viewthat he hadworked from 1984till 21098 hedate ofhis andwouldhaveworkedup to 2007 le dateof in normal circumstanceshadhe not illegallyretiredbythe 1 Before these conclusions the Labour Court has referredto a number andfactorsthatgovern the awardor 0 0 denialof backvagesbut while holdingthat ends of justiceshallbe I C5 metifRs500001 is awardedto the it hasfailed to assign I any reason either for the of or for Z arriving at this flgureofRs500001 The amount awardedis roughly 1110of the amount that would have been paidto the if he I hadremainedin service For a Labour Court to merelystatethat ends Z shallbe met ifa amount is awardedto a workman QO in my considered opinionlS an exerclse of discretion and 7 Z must thereforebe rectifled As a normalcourse this court would haveremittedthematter to theLabour Court to decide the of but as the has since on 31052007 and similarly situateddrivers have been reinstatedwith all benefltsremitting the matter to the Labour Court would in essence furtherinjusticeupon the workman It would thereforebe to examinewhetherthe petitioner should be awardedback 4 Pooja 2014.05.12 10:36 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 61 44 CWP No056 of2010 5 wagesand ifso to what extent VVhilepressinghis pleafor full the hasplacedrelianceupon two Division Bench renderedln Gurbachan SinghVls State of Harvanaand others and Gian Chand Vls State ofHarvanaand others supralto contendthat as similarly situateddriversworking with theHaryana who 0 0 were retiredfrom service on medical groundshave beenorderedto be I reinstatedwith all benefltsthe petitioner shouldalso be I awardedfull till thedateofhis Z The in GurbachanSith Vls Stateof Haryana and others supra and Gian Chand Vls State of Harvana and I 08 others supra Were workingas drivers with different depotsof C and were retiredldismissedfrom service OIl 7 Z medical groundsThe petitionerherein was working as a drlverwith 41 Depot of and was retiredfrom servlce on medical grounds The from service of the petltlonersln Gurbachan SinghVls State of Harvana and others supraand Gian Chand Vls StateofHarvanaand others has beenheld to be illegalandthe of thesecases wereorderedto be reinstatedwith all beneflts In the absenceof any feature betweenthe factsof petitioners case and the factsof above c8ses the petitioner shal1 also be entitled to the same relief An argument raised by the that the post of Pooja 2014.05.12 10:36 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 62 el CWP No056 of2010 m6 driver has been from operation of Section 47 of the Actby notification dated 27062005 merlts summary rejectlon as the notiflcationis in operation and thereforedoesnot applyto orderspassedpriorto 27062005 in the lightof decision in G Chand Vls StateofHaryanaand others 6supra m In view ofwhat hasbeen statedhereinabovethe writ petition f 1Sallowed the award of the Labour Court is modified in the following 0 0 termsl I 9 The petitionershall be deemed to be reinstatedin service wef 2110998 However as the petitionerhas er Z Oll 31 052007 he shall be entitled to all beneflts upto31 052007 alongwithlnterest I admissible The petitionershall also be entitled to a re t flxationofhis pensionbytreating theperiodfrom 2110998 Z to 31052007 as periodspenton duty 00 I Z The needful shall be done within threemonthsfrom receipt ofa certifled copy ofthis order No order as to costs elllOll IRAJIVEBHALLAJ shamsher JUDGE 1 P06 1w191 fA Pooja 2014.05.12 10:36 True Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document