The main legal point established is that the termination of the petitioner's services lacked application of mind and reasoning, and the authorities failed to consider the petitioner's leave due to illness, leading to the grant of entitlement to invalid retirement and consequential benefits.

1. The petitioner has approached this Court for quashing of the award dated 2.4.2013 (Annexure P-13) and the order dated 24.1.2003 (Annexure P-12) passed by the Industrial Tribunal, Bathinda whereby the petitioner had been dismissed from service and for a writ in the nature of mandamus for an appropriate direction to the respondents to grant invalid retirement to the petitioner on medical grounds from the date when petitioner moved an application for invalid retirement. It has been stated that in the year 1996 the petitioner met with an accident and prior to that time he was employed as bus conductor with the respondents against a regular vacancy and was drawing a salary of Rs. 5500/- per month.

2. On account of the accident his right leg was shortened and therefore was not able to move to and fro in the whole bus time and again for discharge of his duties of bus conductor, much less it was physically impossible for the petitioner to perform duty of bus conductor. The petitioner is stated to have moved an application on 1.6.1998 (Annexure P-1) whereby he sought retirement on medical grounds. The Chief Manager, Punjab Roadways vide letter dated 3.7.1998 (Annexure P-2) wrote to the Civil Surgeon that a medical test of the petitioner be conducted with regard to the fitness of the petitioner. In the said letter the Chief Manager acknowledged the fact that the petitioner was on medical leave due to his illness. For the sake of brevity the contents of the letter (Annexure P-2) are extracted hereunder:-

"Sh. Balbir Singh is posted as conductor No. 428 in this Depot and is on leave due to illness. Employee has requested to this office that due to accident his right leg was broken due to which he wants to take invalid retirement on medical grounds.

Kindly repot be sent after conducting the medical of this employee to show whether conductor is fit for job or not."

Sd/-(seal)

General Manager

Punjab Roadways, Ferozepur

Endst.No.10884/ECC dated 3.7.1998

Copy of above is sent to Sh. Balbir Singh, Conductor No. 428, Pothimala road, Near Ice Factory, Guru Harsahai, Distt. Ferozepur and is instructed that he shall appear in above mentioned office for his medical."

3. The Civil Surgeon vide letter dated 13.4.1999 informed the General Manager Punjab Roadways, Ferozepur that the powers to conduct a medical test in respect of Class III employees is with the Director, Health Services, Punjab, Chandigarh and accordingly were directed to contact the Director.

4. The Chief Manager, Punjab Roadways vide letter dated 25.5.1999 (Annexure P-4) wrote a letter to the Director, Health Services Medical Board, Punjab, Chandigarh to conduct the medical test so that he can be granted invalid pension on medical grounds. The Director, Health and Family Welfare Department, Punjab vide letter dated 18.7.1999 informed the petitioner to get his medical test conducted by appearing before the office of Civil Surgeon, Faridkot on 6.8.1999 or on 20.8.1999 at 9.00 A.M. It was also directed to bring the entire medical record.

5. It is pertinent to mention here that on one hand the petitioner was directed to appear before the Director, Health Services Medical Board, Punjab, Chandigarh whereas on the other hand on 13.7.1999 the Chief Manager, Punjab Roadways issued a charge sheet to the petitioner on the ground of willful absence. The charge sheet (details of allegations) (Annexure P-7) is reproduced hereunder:-

"On the basis of various letters written by Sh. Balbir Singh Conductor No. 428, his leave was sanctioned from 1.11.1998 to 24.1.1996, 25.1.1996 to 27.3.1997.

Sh. Balbir Singh, Conductor No. 428 has requested for voluntary retirement on 1.6.1998. He was directed to appear before Civil Surgeon, Ferozepur vide letter No. 10883 ECC dated 3.7.1998, No. 20405/30.1.1998, 3098/5/3/1999 and 6693/10.4.1999 but he did not appear and neither he reported before this Officer and nor he joined the duty.

In this way Sh. Balbir Singh, conductor No. 428 has made himself liable for pu