SUDHANSU JYOTI MUKHOPADHAYA, R.SUBBIAH
K. Ganesan – Appellant
Versus
The Managing Director, Metropolitan Transport Corporation Chennai, Limited. – Respondent
S.J. Mukhopadhaya, J.
The appellant/writ petitioner while working as a bus driver under the respondent-Metropolitan Transport Corporation (Chennai) Limited, suffered heart attack and had to undergo by-pass surgery. Having become medically invalidated to discharge duty of a bus driver, he asked for alternative employment, but the request was rejected. He was discharged from service. The Writ Petition was allowed in part, giving rise to the present appeal.
2. The only question to be determined in the present case is whether the writ petitioner-workman is entitled to the benefit of alternative employment under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the Disabilities Act, 1995").
3. The brief facts of the case are that the appellant/writ petitioner who was a regular driver, suffered heart attack and had to undergo an open heart surgery/by-pass surgery, for which medical reimbursement to the extent of Rs.1 lakh was borne by the respondent-Transport Corporation. After recovery, he requested for light duty. He was referred to Medical Board to assess the suitability to c
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