U P STATE ROAD TRANSPORT CORPORATION Vs. MOHAMMAD ISMAIL
LAWS(SC)-1991-4-25
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on April 11,1991

UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
MOHD ISMAIL Respondents

JUDGEMENT

K. Jagannatha Shetty, J. - (1.) We grant special leave and proceed to dispose of these appeals.
(2.) These appeals preferred against the decision of the Allahabad High Court raise common questions as to the scope of Regns. 17(2) and 17(3) of the U. P. State Road Transport Corporation Employees (Other Than Officers) Service Regulations, 1981 ('the Regulations').
(3.) The respondents were appointed as drivers in the erstwhile U. P. Government Roadways. Upon the formation of the U. P.' State Road Transport Corporation ('Corporation) they were absorbed in the services of the Corporation. The Corporation has framed the Regulations inter alia prescribing medical test to drivers every year for the purpose of assessing their suitability for the job. Pursuant to these Regulations, the Managing Director of the Corporation issued a circular dated December 19, 1986 stating that all drivers should be medically examined and those found unsuitable either because of ill-health or poor eye-sight, be not given duty and their services be dispensed with. This was followed by another circular dated March 12, 1987 by which the Managing Director directed the Regional Managers to terminate the services of the drivers who are medically found unfit to drive the vehicles. It was also directed in the circular that such employees whose services are dispensed with should be paid benefits like retrenchment compensation under S. 6(N) of the U. P. Industrial Disputes, Act.;


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