1 W.P.No.3639/99 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3639 OF 1999. The Divisional Controller, Maharashtra State Road Transport Corporation, Jalgaon. ... Petitioner. Versus Dayaram Dagadu Badgujar, R/o Kurhe Panche, Taluka Bhusawal, Dist. Jalgaon. ... Respondent. ... Mr.M.K.Goyanka, advocate for the petitioner. Mr.V.Y.Patil, advocate for the Respondent. ... CORAM : S.V.GANGAPURWALA,J. Date : 03.08.2011. ORAL JUDGMENT : 1. Heard. 2 W.P.No.3639/99 2. The present Respondent was appointed as a conductor with the petitioner. The services of the Respondent were discharged on medical grounds on 20.7.1992. The present Respondent challenged the said discharge order before the Labour Court. The Labour Court partly allowed the complaint directing the petitioner to reinstate the complainant as a fresh employee within a month from the date of passing of the order. The prayer of the Respondent for continuity of service and back wages stood rejected. The present petitioner assailed the said order in Revision before the Industrial Court. The Industrial Court dismissed the Revision. Aggrieved thereby, the present Writ Petition is filed. 3. Mr.Goyanka, learned counsel for the petitioner submits that the Respondent was found medically unfit after getting him examined from the Medical Board. The Respondent was found unfit for the services of the conductor and the said decision was rightly taken but the Labour Court has not considered this aspect. 3 W.P.No.3639/99 4. The Labour Court has found that the present Respondent was further examined by specialist in the Department of Psychiatry, JJ group of Hospital. Vide Exh.31, the Resident Medical Officer of the JJ group of Hospital issued fitness certificate in favour of the complainant with effect from 12.12.1994. In view of that certificate the Labour Court has passed the impugned order which can not be faulted with. 5. It is also submitted that the petitioner was thereafter reinstated and has attained the age of superannuation. 6. In light of the above, as the petitioner was already reinstated and has attained the age of superannuation and the fact that the medical certificate issued by the Resident Doctor showed that he was fit to resume the duties. The order impugned need not be interfered with. 7. In the result, the Writ Petition is dismissed. Rule is discharged. However, there 4 W.P.No.3639/99 shall be no order as to costs. (S.V.GANGAPURWALA,J.) asp/office/wp363999