- (1.) An award has been passed in favour of the respondent-workman No. 1 Sri Riyaz Ahmed whose services were terminated by the petitioner-Rajasthan State Road Transport Corporation (for short, RSRTC) on the ground of weak eyesight. The respondent-workman No. 1. Sri Riyaz Ahmed raised an industrial dispute in regard to his termination which was referred to the Labour Court, Jaipur, and after its adjudication, an award was passed in his favour directing his reinstatement alongwith 50 per cent back-wages for the period during which he was out of service.
(2.) The petitioners-RSRTC, feeling aggrieved with the aforesaid award, has filed this writ petition and while challenging it, the counsel for the petitioner-R.S.R.T.C. Sri Manish Bhandari relying upon the judgment of the Apex Court reported in Anand Bihari v. Rajasthan State Road Transport Corporation and another AIR 1991 SC 1003, submitted that, in view of this judgment, if the services of an employee on the ground of ill-health is terminated, the same cannot be treated as illegal It was submitted, that this judgment was over-looked by the Labour Court and ignoring the ground of ill-health, the respondent- workman No. 1, has been Ordered to be reinstated with 50 per cent of back- wages, which is not fit to be sustained. This position cannot be held otherwise and hence the order of his reinstatement with 50 per cent back-wages in view of the ratio of this decision cannot be sustained and hence it stands set aside.
(3.) However, considering the fact that, the respondent-workman No. 1 has discharged his duties for a period of 21 years with an unblemished record of service, the retiral benefits considering the period of his services which he has discharged which will also include that period during which he was out of service, cannot be ignored as his services were not terminated on account of any misconduct but it was due to the force of circumstance of ill-health which was beyond the control of the petitioner. In a circumstance of this nature, where the employee has duly and diligently discharged his duties and later suffered disability which was beyond his control, the termination simpliciter denying even retiral benefits would be extremely harsh and illegal which cannot be sustained.;