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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

904 WRIT PETITION NO.5275 OF 2020

SHANKAR SHESHRAO PANCHAL

VERSUS

THE DIVISIONAL CONTROLLER, MAHARASHTRA STATE

ROAD TRANSPORT CORPORATION, PARBHANI

...

Mr S. S. Panale, Advocate for petitioner;

Mr A. D. Wange, Advocate for respondent

CORAM : RAVINDRA V. GHUGE, J

DATE : 24^th March, 2022

PER COURT:

1.

On 24/02/2022, this Court had passed the following order :-

“1.

Heard learned advocates for the parties.

2.

Taking into consideration the controversy

involved in the present matter, it would be in the

interest of justice to refer the petitioner before the

medical board at Government Medical College and

Hospital (GHATI), Aurangabad for his check up in

respect of eye problem as well as heart ailment.

3.

The petitioner be referred to the medical board,

which shall submit a report after complete physical

examination of the petitioner and opine whether the

petitioner is fit to perform duty as a driver in MSRTC.

4.

The respondent shall issue necessary letter to the

petitioner referring him for medical examination before

the Medical Board at Government Medical College and

Hospital (GHATI), Aurangabad.

5.

The entire exercise be completed within a period

of three weeks from today.

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6.

Stand over to 17^th March, 2022.”

2.

On 17/03/2022, I had passed the following order :-

“1.

I have perused the order passed by this court on

04-08-2020. I have considered the submissions of the

learned Advocates for the respective sides in the light

of the order dated 24-02-2022.

2.

The petitioner, according to the medical report,

is a heart patient who has undergone angioplasty on

three occasions between 2009 to 2020. There are four

stents inserted in his heart. It further appears that his

heart is functioning at 35% of it’s capacity. The

respondent- Corporation desires that the petitioner

should perform the work of a driver of the ST

passenger bus.

3.

I find the entire situation to be quite risky. God

forbid, if the petitioner suffers any further ailment with

regard to his heart when he is in the driver’s seat,

passengers traveling in the bus will be put to risk and

if this happens, it can only make the authority of

MSRTC, who has issued this order to the petitioner to

start his duties as a driver, solely and wholly

responsible. To avert any untoward incident, the

MSRTC needs to reconcile the situation.

4.

The learned Advocate for the Corporation fairly

submits that he would have a conference talk with his

client and make a statement on next date.

5.

List the matter on 24-03-2022, for passing

orders.”

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3.

It is informed that the Resident Medical Officers/Doctors,

working in Government Medical College and Hospital (Ghati),

Aurangabad, are on a strike.

4.

I have briefly heard the submissions of the learned

Advocates for the respective sides and have perused the impugned

interlocutory order dated 15/07/2020. The issue as regards the

heart ailment of the petitioner, as recorded in my order dated

17/03/2022, was not raised before the Industrial Court in

Complaint (ULP) No.68/2022, while seeking interim relief.

5.

By an order dated 04/08/2020, passed by this Court while

granting interim relief to the petitioner, it was observed as under :-

“By this Petition filed under Article 227 of the

Constitution of India, the petitioner has preferred this

Petition challenging the order dated 15.07.2020 passed

by the learned Member, Industrial Court, Jalna in

Complaint (ULP) No.68/2020. By the impugned order,

the application moved by the petitioner seeking interim

order i.e. to stay the effect and operation of the order

dated 04.06.2020 issued by the respondent to repost the

petitioner to the original