JUDGMENT :

Vinod Goel, J.

The impugned award dated 01.03.2001 passed by the court of learned Presiding Officer, Industrial Tribunal No. III, Delhi ("Industrial Adjudicator") is the subject matter of challenge in this writ petition filed by the petitioner (management) under Article 226 of the Constitution of India.

2. By the impugned award, the premature retirement of the respondent no.1 (workman) was held to be illegal and unjustified. The Industrial Adjudicator directed "that the pre-mature retirement of the workman is illegal and unjustified and he is entitled for his reemployment with continuity of service with full back wages at the rate which he was drawing as driver and he will be entitled for the post which he can perform in alternative post of driver."

3. Admittedly, the workman was appointed by the management as a driver on 27.10.1980. He sustained injuries on 22.09.1986. Para no.3 of the impugned award records that "However, it is not disputed that workman has sustained the injury during the course of his duty. The workman was examined by the DTC Medical Board on 26.12.1986, which recommended that he be given non-driving duties for a period of three months w.e.f. 26.12.1986