SAUMITRA DAYAL SINGH,J. - (1.) Heard Shri Vivek Saran, learned counsel for the appellants and Shri Ghan Shyam Maurya, learned counsel for the respondent.
(2.) Present intra-Court appeal has been filed by the U.P. State Road Transport Corporation (hereinafter referred to as the 'corporation'). It arises from the judgment of the learned Single Judge dated 23.01.2019 in Writ-A No. 16403 of 2017, by which the learned Single Judge has set aside the orders dated 10.03.2015 and 25.03.2017 passed by the authorities of the 'corporation' and has further directed the latter to get the respondent Suresh Singh (hereinafter referred to as the 'petitioner-employee') medically examined and, if found unfit to drive a bus, to provide him an alternate employment.
(3.) Admittedly, the 'petitioner-employee' was engaged by the 'corporation' under a contract dated 16.06.2005, as a Bus Driver for a period of two years. The payment for the work done by the 'petitioner-employee' was also determined under the aforesaid contract. The contract itself was made renewable for one year. It is further an admitted case between the parties that the 'petitioner-employee' remained engaged till 2014. On 12.02.2014, while driving a bus of the 'corporation', he met with an accident wherein he suffered serious injuries to his leg and to his internal organs as well. On 24.07.2015, a medical certificate was issued by the Chief Medical Officer, District Banda, certifying 40 percent permanent disability suffered by the 'petitioner-employee'.;