- (1.) Leave granted.
(2.) These appeals have been filed on behalf of the appellants who had been employed as drivers in Haryana Roadways. While in service, their eyesight became defective and subnormal. On that ground, the appellants were retired from the service of the Haryana Roadways. The writ petitions filed on their behalf were dismissed by the High court.
(3.) The question whether a State Road Transport Corporation can retire the bus drivers on the ground of their defective or subnormal eyesight developed during the course of the employment has been examined by this court in the case of Anand Bihari v. Rajasthan State Road Transport corpn. This court held that such terminations of service were unjustified, inequitable and discriminatory, though not amounting to retrenchment within the meaning of Section 2 (00 of the Industrial Disputes Act, 1947. It was impressed by this court that service conditions of the bus drivers must provide adequate safeguards because such bus drivers have developed defective eyesight or subnormal eyesight because of the occupational hazards. A scheme was directed to be framed for providing alternative jobs along with retirement benefits and for payment of additional compensation proportionate to the length of service rendered by them, in case of non- availability of alternative jobs. It was brought to our notice that in view of the judgment in Anand Bihari v. Rajasthan State Road Transport Corpn. , the Transport Commissioner, State of Haryana has issued a communication dated 20/8/1992.;