JUDGMENT

Ranjan Gogoi, J.:- Leave granted.

2. An award dated 27.02.2004 passed by the learned Labour Court, Ambala, upholding the termination of service of the appellant was challenged before the High Court of Punjab & Haryana. The High Court having dismissed the aforesaid challenge the present appeal has been filed.

3. The brief facts that would be relevant for the adjudication of the present case may be noticed as hereinbelow:

The appellant, Sohan Lal, was employed as a regular driver in the Haryana Roadways having been appointed in the said post on 01.04.1993. According to the appellant, while in service, he sustained certain injuries as a result of a road accident. A medical examination of the appellant was conducted by the Civil Surgeon, Yamuna Nagar to determine the fitness of the appellant to continue to be employed as a driver. He was found to be unfit to discharge his duties. Thereafter, a notice dated 03.03.1997 was issued to the appellant by the General Manager of the Haryana Roadways proposing to retire him from service on medical grounds. The appellant submitted his reply on consideration of which, by order dated 27.03.1997, the appellant was retired from service with effect from 31.03.1997 on ground of medical unfitness.

4. The appellant raised an industrial dispute on the issue of his termination/retirement made by the order dated 27.03.1997. Though initially a reference was refused, the matter was eventually referred to the Labour Court for adjudication under Section 10 (1) of the Industrial Disputes Act, 1947.

5. Both the parties filed their respective written statements before the learned Labour Court on the basis of which issues with regard to the validity of the retirement/termination of the workman and his entitlement to consequential benefits, if any, were framed for trial.

6. Before the learned Labour Court both parties led their respective evidence on consideration of which the learned Court came to the conclusion that the claim of the workman was not tenable and answered the reference accordingly. In doing so, the learned Labour Court specifically took note of the fact that in the order dated 27.03.1997, it is mentioned that before dispensing with the services of the workman, attempts were made to find an alternative job to accommodate him which attempts, however, did not yield any positive result. The fact that the appellant was paid all retiral benefits as well as additional compensation calculated at the rate equivalent to 21 days salary for each year of the balance period of service left (7 years), in accordance with the decision of this Court in Anand Bihari & Ors. Vs. Rajasthan State Road Transport Corporation, Jaipur & Anr. [AIR 1991 Supreme Court 1003] was also taken note of. With regard to the above, it would be necessary to notice that following the aforesaid judgment of this Court, an Office Memorandum dated 20.08.1992 was issued by the Transport Commissioner, Government of Haryana, formulating a ‘scheme’ to deal with cases of medical incapacity of a serving incumbent to discharge his duties. Under the said scheme, in case such incapacity is attributable to reasons connected with the employment, alternative employment is required to be provided, failing which, additional compensation, at the rate prescribed by the said notification for the balance period of service left, is payable to the concerned employee.

7. Aggrieved by the award dated 27.02.2004 passed by the learned Labour Court, the appellant filed a writ petition before the High Court. The same having been dismissed by the High Court by order dated 22.08.2005, the present appeal has been filed. The order of the High Court dismissing the writ petition is based on an order of the same date passed in another writ petition involving identical facts.

8. We have heard learned counsel for the parties.

9. In Anand Bihari (supra), this Court was confronted with the issue of termination of the services of a large number of drivers in the R