SANGEETA CHANDRA,J. - (1.) This writ petition has been filed by the petitioner (hereinafter referred to as 'the Corporation') challenging the Award dated 04.09.2012 passed by the respondent no.1- The Central Government Industrial Tribunal cum Labour Court, Lucknow (hereinafter referred to as 'the Tribunal').
(2.) It has been submitted by Sri O.P. Srivastava, learned Senior Advocate, assisted by Sri Shikhar Anand, Advocate, appearing on behalf of the Corporation, that the Corporation had issued a circular on 03.07.1996 by which a regular worker/ handling labour of the Corporation could avail the benefit of voluntary retirement on medical grounds if he made such application accompanied by a medical certificate in the prescribed format showing him to be medically unfit to handle loading and unloading work, and could also pray for appointment on compassionate ground of his next kin/ male dependent in his place.
(3.) There were certain conditions attached to the said circular dated 03.07.1996. It was stated firstly, that the worker who seeks voluntary retirement on medical grounds should apply within the age limit of 55 years for the purpose of availing the benefit of compassionate appointment to be given to his male dependent. Secondly, such application should be accompanied with a medical certificate which was subject to verification by the Food Corporation of India. Thirdly, such application could be given only by handling labour for appointment on compassionate grounds of their male dependents whose minimum age should be 18 years and maximum age should not exceed 30 years. Fourthly, the compassionate appointment was to be given only in deserving cases where there was no other earning member in the family of retired worker and the financial benefits available to such retired worker were insufficient to meet the expenses for running the family. Fifthly, the application for such compassionate appointment was to be made within three months from the date of retirement of medically unfit worker and the dependents seeking such appointment was required to submit a medical certificate by an authorized medical officer confirming that he was fit to handle/ carry bags of big size of above 95 kgs.;