Delhi Transport Corporation vs Ganpat Singh

Sanjay Kishan Kaul, J.—Rule.

With consent of learned counsel for parties the petition is taken up for final disposal.

The petitioner was employed as a conductor with respondent DTC and while performing his official duty on 7.3.1987 met with an accident resulting in fracture of bones of his right leg. The respondent workman requested for light duty. Disputes arose between the parties about the post which the respondent should occupy. In September 1992 respondent was considered by the Medical Board which declared him permanently medically unfit. The respondent raised the industrial dispute in 1992 and an award was passed on 23rd August, 1996 in which it was held that the case of the petitioner is covered by the judgment in SLP 1575/1991. Ved Prakash Singh v. DTC, in which it was held that the workman is entitled to reinstatement to equivalent light post of class III employee with continuity of service.

I have heard the learned counsel for the parties and during the course of hearing it was put to the learned counsel for petitioner that the respondent would be entitled to the protection under the Persons With Disability (Equal Opportunities. Protection of Rights and Full Participation) Act 1952 (hereinafter referred to as the said Act). Which came into effect on 1.1.1996 and in view of the same the challenge to the impugned award directing reinstatement and consequential benefits may be futile.

In another case of a DTC employee who retired prematurely on medical ground, this Court in CW 5700/2000 Rajbir Singh v. DTC & Others, decided on 24.1.2002 allowed the writ petition and quashed the order of termination with consequential benefits in terms of Section 47 of the said Act. In view of the Act having came in to force and in view of the impugned award dated 23.8.1996. I am of the considered view that the petitioner should be directed to take the respondent back into service and pay the salary from the date when the petitioner stopped paying full salary after termination of his service. The petitioner would be treated as in continuous employment without any break in service. In case the petitioner is not fit to perform duty which he was performing since the initial appointment till his disability, the respondent shall deal with the case of the petitioner in terms of proviso to Section 47 of the said Act .

The petition stands disposed of in the aforesaid terms. Parties to bear their own costs.