- (1.) In the intra Court appeal, legality of the order dated 16.04.2009 passed by the Single Bench has been questioned, whereby order of termination of services dated 27.01.1995 has been set aside directing that in case the petitioner (respondent herein) deposits the compensation amount received by him, then he will be entitled for retiral benefits and further as regard the issue of alternate employment, since the petitioner has retired, therefore, while calculating the benefits, the period of termination i.e. 27.01.1995 till the date of retirement, the service and emolument of Record Sheet Writer be also counted as the service of the intervening period from the date of termination of services till the date of retirement.
(2.) Facts in short are that respondent's services were terminated vide order dated 27.01.1995 applying Section 2(oo) of the Industrial Disputes Act (hereinafter referred to as 'the Act') on the ground that he had been rendered unfit on account of weakness in the eye-sight and physical disability as find out by the Medical Board. Respondent was appointed as Driver on 02.01.1976; when he was working as Driver, on account of continuous working, his eye-sight became weak during the course of employment. It was further submitted that physical disability in his leg was also a result of an accident when the wheel of a vehicle came upon his leg while he was performing duty. Both the disabilities were caused during the course of employment. Thus, he claimed the benefit of Para 17 of the decision of Hon'ble Apex Court in the case of Anand Bihari And Others Vs. Rajasthan State Road Transport Corporation, Jaipur Through Its Managing Director And Another, 1991 1 SCC 731.
(3.) The Single Bench opined that since disability occurred during the course of employment, it was not proper for the respondents to terminate the services; it was incumbent upon them to offer alternate employment and termination of services of petitioner was unjustified, hence, aforesaid directions to deposit the compensation amount received by him and to give retiral benefits etc., have been issued. Legality of the order passed by the Single Bench has been questioned in the intra Court appeal.;