ANAND BYRAREDDY, J.

( 1 ) THE facts are as follows: the father of the petitioner was employed as a driver with the respondents. He had suffered a paralytic stroke, while on duty, in the year 1993. In September 1993 he was discharged from hospital and was advised to do light work. The petitioner's father had accordingly sought for alternative duty with the respondents as per representation dated 22. 8. 1994. In the meanwhile the respondents had called upon the petitioner's father to join duty at the earliest. The request to assign light duties was reiterated. The respondents refused to assign light duties and on the other hand advised taking voluntary retirement

( 2 ) IN April 1996 the petitioner's father was called upon to appear for a medical examination and it was certified that he was not fit for carrying on the work of a driver. The petitioner's father was compulsorily retired by an order dated 3. 5. 1996.

( 3 ) THE above action of the respondents was challenged by way of a writ petition in W. P. No. 3001/1997 before this Court. It was contended that the action was repugnant to the settlement arrived at under Section 2 (p) of the Industrial Disputes Act 1947, dated 28. 4. 19

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