- (1.) The petitioner-appellant No. 1 Khet Singh Rathore (since deceased and deleted) was employed as a driver with the respondent since 1958. While he was driving the tank-truck of the respondent, on 23.7.1988 he suffered a stroke and became paralyzed. As a result of which he was found to be permanently disabled as certified by the Doctor vide his Certificate dated 28.12.1988. By that time, the petitioner's services before retirement was due for about 1-1/2 years. As per his date of birth his superannuation date was 31.1.1990.
(2.) In the aforesaid scenario, before the Doctor actually issued a certificate of permanent disability, the petitioner considering his position moved an application on 10.9.1988 pointing out that he has become permanently disabled and he is unable to discharge his duties, requested the respondent to offer appointment to his son, the petitioner No. 2, pointing out that he has five children who are unmarried and unemployed which included three unmarried daughters and the petitioner No. 2 at the relevant time was only 21 years of age. In this connection, he also invited attention of the respondent to para No. 24.1 of Memorandum of Settlement between Hindustan Petroleum Corporation Limited and the Workmen of the Marketing Division which had been arrived at between the Corporation and Representatives of Union of the Workmen. Para 24.1 of the said settlement envisages as under :- "24.1 : In case of death or permanent total disablement of a workman during service, one of the dependents, i.e. wife, son or unmarried daughter will be provided with a job by the Corporation on compassionate grounds within one year commensurate with the qualification and experience provided he/she is otherwise eligible for employment. If there is no regular vacancy, a supernumerary post will be created to be adjusted as soon the regular vacancy arises. Detailed procedure in this regard will be laid down by the Corporation in consultation with the Union. Subject to a dependent's son/unmarried daughter of a retired workmen meeting the job specifications and other things being found equal by the Selection Committee he/she will be given preference in employment in the Corporation against a regular vacancy to be filled as per the recruitment procedure. It is open to the Union to being to the notice of the Corporation specific cases of dependents whose claim to employment are not accepted. Such cases will be investigated by the Management and the decision of the Management will be communicated to the Union."
(3.) It was also pointed out that the said settlement was in force at the time when the petitioner No. 1 had suffered such permanent disability.;