V.C.Misra, J. - (1.) Heard Sri S.K. Sharma, learned Counsel for the petitioner and learned Standing Counsel on behalf of respondent No. 1 and Sri Lalji Pandey, learned Counsel for respondent No. 3/1 are present.
(2.) This writ petition has been filed challenging the impugned award dated 30.8.1988 (Annexure 10 to the writ petition) by which the termination of the service of the workman vide Order dated 30.4.1985 had been declared Illegal and set aside and he was directed to be reinstated with continuity in service and full back wages.
(3.) The facts of the case in brief are that respondent No. 3 was appointed as a driver in the erstwhile U.P. Government Roadways on 11.6.1965 and was subsequently confirmed on the post of driver w.e..f. 1.4.1972. The U.P. Road Transport Corporation was constituted w.e.f. 1.6.1972 under Section 3 of the Road Transport Corporation Act, 1950 and it acceded in toto to the assets and liabilities of the erstwhile U.P. Government Roadways. The workman met with an accident while he was driving the bus of the petitioner on 9.3.1977 and received injuries. He was admitted to the hospital and after his release he was again taken back on light duty, but thereafter vide Order dated 30.4.1985 the services of the petitioner were terminated after giving three months' notice on the ground that he was found unfit to ply the bus as driver, as he was found to have a very weak eye-sight in terms of the Regulation 17 (2) (3) of the U.P. State Road Transport Employees (Other than Officers) Service Regulations, 1981 (hereinafter referred to as the Regulation) applicable to the workman-respondent No. 3/1. Regulation 17 (2) reads as under : "17 (2)--A person appointed to the post of Driver, will be required to undergo a medical test particularly vision test every year or at such interval as may be prescribed by the General Manager from time to time. (3) The services of a person who falls to pass the fitness test referred to in the sub-regulation (2), may be dispensed with; provided that a person whose services are so dispensed with, may, in the discretion of the corporation, be offered alternative job.";