Govind Mathur, J. - (1.) TO challenge validity, propriety and correctness of the award dated 5.3.2005, passed by the Labour Court, Udaipur, this petition for writ is preferred by the employer.
(2.) THE factual matrix, necessary for adjudication of the dispute, is that the respondent workman, a Tyre Trimmer with the employer, while returning to the duties, on 20.9.1978 after availing leave, met with an accident at Beawar, consequent thereto his right leg was imputed during the course of treatment. The workman after undergoing treatment at Amritkaur Government Hospital, Beawar from 20.9.1978 to 13.4.1979 reported on duties on 15.4.1979. While reporting, he also submitted a fitness certificate issued by Dr. J.S. Dhaka, Medical Officer, Amritkaur Government Hospital, Beawar. An industrial dispute was raised by the workman as the employer did not permit him to join the duties, and that was referred for its adjudication to Labour Court, Udaipur by the appropriate government under a notification dated 1.1.1980 in following terms: D;k Jh txnh'k pUnz vxzoky] Vk;j fV ªej dks fu;kstd ts - ds - b.MLV ªht fy0 dkadjksyh }kjk fnukad 15 -04 -1979 ls lsok es ugh fy;k tkuk U;k;ksfpr gS\ ;fn ugh rks Jfed fdl jkgr dk gdnkj gS\ By the award dated 12.2.1993 the Labour Court, Udaipur answered the reference in negative by holding discontinuation of the workman from service a valid one. A challenge was given by the workman to the award aforesaid by way of filing a writ petition before this Court (S.B. Civil Writ Petition No. 3949/1993) and that came to be accepted by judgment dated 15.2.2001. This Court set aside the award dated 12.2.1993 and remanded the matter to Labour Court for fresh adjudication in following terms: Taking into consideration the question of livelihood of the petitioner and in the attending circumstances, I deems it just and proper to allow this petition by setting aside the order of labour Court and remit the matter back to the Labour court with the direction to consider the matter afresh by constituting an Expert Committee of three persons which should include one Doctor to objectively assess the capacity of the petitioner to work as Tyre Trimmer and on the basis of the report of that Committee, the dispute be accordingly decided thereafter in accordance with law. In the result, therefore, the petition succeeds and the impugned order is set aside. The matter is remitted back to the Labour Court for fresh decision in accordance with observations made hereinabove.
(3.) IN pursuant to the directions given by this Court a committee comprising of Dr. R.N. Laddha, Shri M.S. Samar and Shri I.S. Soni was constituted to examine working of the respondent workman on the trimming machine. The committee examined the respondent workman on 13.7.2004 and opined as follows: 01. The right lower limb of the incumbent has been amputated below knee and part of right index finger has also been amputated. 02. The committee saw the incumbent doing tyre trimming. The committee is of the opinion that the incumbent can do tyre trimming though the quality of work is not so perfect.;