Ravi S. Dhavon, J. - (1.) The present petition, on behalf of the Union of India is through the General Manager, Northern Railway, New Delhi as the petitioner No. 1 and the Divisional Railway Manager, Northern Railway, Lucknow as the Petitioner No. 2. It is against the order of the Presiding Officer, Central Government Industrial Tribunal cum-Labour Court, Kanpur. The order is dated 21-4-1987, and is appended as Annexure Rs.1' to the writ petition.
(2.) The Union of India i.e., the General Manager, Northern Railway and the Divisional Railway Manager, Northern Railway, Lucknow (hereinafter referred to as the Railways) are aggrieved by this order. The submission of Railways is that the order of the Labour Court, aforesaid, is not consistent with the regulations of the Northern Railway known as ; Rules regarding absorption of Medically Incapacitated Staff, 1965, referred hereinafter as the Regulation.
(3.) It is not in issue that the workman, Purshottam Chand, was an incapacitated employee who had changed the nature of his duties when he had been declared medically unfit as a Second Fireman with effect from 24-7-1972. It was as a consequence of the change of category, that the issue in the present writ petition has arisen. The workman moved an application under Section 33 (C) (2) of the Industrial Disputes Act, 1947 that the emoluments paid to him are not what he ought to receive and the monetary benefits to be received by him be computed in terms of money.;