Gujarat State Road Transport Corporation vs Chaturbhai D. Makwana

M.R. Shah, J.—As common question of law and facts arise in these group of petitions and they are between the same parties, all these petitions are disposed of by this common judgment and order.

1.1 Special Civil Application No. 7833/1998 has been preferred by the Gujarat State Road Transport Corporation challenging the impugned judgment and award dated 10/10/1997 passed by the Industrial Tribunal, Ahmedabad in Reference (I.T.) No. 502/1991 by which the Industrial Tribunal has allowed the reference and directed the Petitioner-Gujarat State Road Transport Corporation to assign light duty work to the workman/Conductor and further directed to pay wages to the workman/Conductor from 01/02/1992 i.e. the actual date of posting him on light duty work.

1.2 Special Civil Application No. 5865/1998 has been preferred by the workman/Conductor for implementation of the aforesaid judgment and award passed by the Industrial Tribunal, Ahmedabad dated 10/10/1997 in Reference (I.T.) No. 502/1991.

1.3 Special Civil Application No. 10528/2002 has been preferred by the workman/Conductor for an appropriate writ, order or direction directing the Gujarat State Road Transport Corporation to give appointment to the workman as peon or give him light duty work as a helper.

The facts leading to the present Special Civil Applications in a nutshell are as under;

The workman/Conductor raised industrial dispute contending interalia that he is not medically fit to perform the duty as a Conductor and, therefore, he is to be assigned light duty work and the said dispute was referred to the Industrial Tribunal, Ahmedabad, which was numbered as Reference (I.T.) No. 502/1991 and the tribunal vide impugned judgment and award dated 10/10/1997 allowed the Reference and directed the Gujarat State Road Transport Corporation to assign light duty work to the workman/Conductor and also directed to pay wages to the workman/Conductor from 01/02/1992 till the actual date of posting him on light duty work. Being aggrieved and dissatisfied with the aforesaid judgment and award passed by the Industrial Tribunal, Gujarat State Road Transport Corporation has preferred Special Civil Application No. 7833/1998 and before that the workman/Conductor preferred Special Civil Application No. 5865/1998. It appears that after hearing the learned advocates appearing on behalf of the respective parties the learned Single Judge while admitting Special Civil Application No. 7833/1998 by way of interim order directed the Gujarat State Road Transport Corporation to permit the workman/Conductor to join on the post of Conductor and granted stay of back wages. The learned Single Judge also observed that if the workman makes a representation for giving light work, the same shall be considered in right perspective including that of sending him for medical examination. It appears that thereafter the workman/Conductor was sent to the civil surgeon and vide medical certificate dated 18/03/1999 the civil surgeon declared the workman/Conductor as unfit to work as Conductor. Despite the above medical certificate issued by the civil surgeon the Gujarat State Road Transport Corporation called upon the workman/Conductor to resume the duty as Conductor vide communication dated 20/05/1999. The workman resumed the duty as Conductor for one day, however, he was not in a position to do the work of Conductor, and, therefore, he requested for light duty work, which was not considered by Gujarat State Road Transport Corporation and the Gujarat State Road Transport Corporation insisted the workman/Conductor to work as Conductor. Thereafter again vide interim order passed in Special Civil Application No. 7833/1998 the case of the workman/Conductor was sent to the medical board/referee and even the medical board/referee also vide certificate dated 28/01/2000 opined and declared that the workman/Conductor is unfit for doing the work as Conductor and recommended for light duty work like peon/helper. It appears that thereafter the Petitioner preferred Special Civil Application No. 10528/2002 before this Court for an appropriate writ, order or direction directing the Gujarat State Road Transport Corporation to give appointment to the Petitioner as peon or to give light duty work as a peon/helper and the learned Single Judge while admitting the said Special Civil Application granted the interim relief directing the Gujarat State Road Transport Corporation to allow the workman to join the duty as helper and it is reported that pursuant to the interim order passed by this Court dated 24/10/2002 in Special Civil Application No. 10528/2002 the workman/Conductor has been permitted to resume the duty as helper and he is working as a helper since October, 2002 and, therefore, the short question, which is required to be considered by this Court is for the period between raising the industrial dispute till the workman/Conductor was permitted to resume the duty as a helper pursuant to the interim order passed by this Court dated 24/10/2002.

Shri Munshaw, learned advocate appearing on behalf of Gujarat State Road Transport Corporation has vehemently submitted that despite the communication dated 20/05/1999 the workman did not resume the duty as Conductor and, therefore, the Gujarat State Road Transport Corporation may not be saddled with the liability to pay the wages for the intervening period.

On the other hand Shri Clerk, learned advocate appearing on behalf of the workman has submitted that despite the fact that the civil surgeon declared the workman as unfit for the post of Conductor vide circular dated 18/03/1999, Gujarat State Road Transport Corporation deliberately communicated to the workman to resume the duty as Conductor vide communication dated 20/05/1999. It is submitted that the workman/Conductor was declared medically unfit for performing the duty as a Conductor and, therefore, Gujarat State Road Transport Corporation ought not to have issued the letter dated 20/05/1999 directing the Petitioner to resume the duty as Conductor. It is submitted that even subsequently also the case of the workman/Conductor was sent to the medical board/referee and even the medical board/referee vide certificate dated 28/01/2000 declared the workman/Conductor as medically unfit for the post of Conductor and recommended to give light duty work on the post peon/helper and, therefore, it is submitted that atleast from the date of passing of the award till the workman/Conductor was permitted to resume the duty on the post of helper pursuant to the order passed by this Court dated 24/10/2002 in Special Civil Application No. 10528/2002 the workman/Conductor be paid the wages of a helper.

Having heard the learned advocates appearing on behalf of the respective parties it is not in dispute that vide impugned judgment and order dated 10/10/1997 passed by the Industrial Tribunal, Ahmedabad in Reference (I.T.) No. 502/1991, the Industrial tribunal directed the Gujarat State Road Transport Corporation to assign light duty work to the workman-Shri Chaturbhai D. Makwana. It is also not in dispute that in Special Civil Application No. 5865/1998 the learned Single Judge by way of interim direction directed that the Gujarat State Road Transport Corporation may examine the request of the workman to absorb him on the post of peon, as according to the learned advocate appearing on behalf of the workman, he was suffering from heart trouble. It is also not in dispute that in Special Civil Application No. 7833/1998 the learned Single Judge directed the Gujarat State Road Transport Corporation that the workman will be permitted to join the duty as Conductor, however, the learned Single Judge also passed an order that if the workman makes a representation for giving light duty work the same shall be decided in right perspective including of sending him for medical examination. Thereafter, the case of the workman/Conductor was sent to the civil surgeon and the civil surgeon vide medical certificate dated 18/03/1999 declared the workman/Conductor as unfit for the post of Conductor and recommended to appoint him on the post of peon/helper. Despite the above medical certificate, again Gujarat State Road Transport Corporation vide communication dated 20/05/1999 communicated to the workman/Conductor to resume the duty on the post of conductor for which he was already declared as unfit and, therefore, naturally the workman did not report for duty on the post of conductor. It appears that thereafter again the workman/conductor was sent to the medical board/referee and vide certificate dated 28/01/2000 even the medical board/referee declared the workman/conductor as medically unfit for the post of conductor. Ultimately, pursuant to the interim order passed by this Court dated 24/10/2008 in Special Civil Application No. 10528/2002, the workman has been assigned the work of helper and since October, 2000. Considering the aforesaid facts and circumstances of the case, the workman is entitled to the wages and other benefits from the date of passing of the award by the Industrial Tribunal atleast for the post of helper. It appears that Gujarat State Road Transport Corporation relied upon the first portion of the interim order passed by the learned Single Judge in Special Civil Application No. 7833/1998, however did not consider the second portion to consider the representation in right perspective including that of sending the workman for medical examination. Under the circumstances, it is to be held that the workman is entitled to the wages on the post of helper atleast from the date of passing of the award by the Industrial Tribunal till he was permitted to resume the duty on the post of helper pursuant to the interim order passed by this Court dated 24/10/2002 in Special Civil Application No. 10528/2002.

In view of the above and for the reasons stated hereinabove, all these petitions are disposed of by directing the Gujarat State Road Transport Corporation to pay wages and give all other benefits to the workman on the post of helper from the date of passing of the judgment and award dated 10/10/1997 in Reference Reference (I.T.) No. 502/1991 till he was permitted to resume the duty as helper pursuant to the interim order passed by this Court dated 24/10/2002 in Special Civil Application No. 10528/2002. Necessary calculation shall be made within a period of two months from today and the actual payment shall be made within a period of two months thereafter. Rule is made absolute to the aforesaid extent in each of the petitions. No cost.