Provide Compensation or give Alternative Jobs

Rameshwar Dass and Others vs. State of Haryana and Others

Filed Under: Labour Law
Appellant:Rameshwar Dass and Others
Respondent:State of Haryana and Others
Citation: (1995) 3 Supreme Court Cases 285
Court:In Court the Supreme
Judge: AM Ahmadi, NP Singh and SC Sen

Facts

This case involves different appeals that have been filed on behalf of several people who had been employed as drivers in Haryana Roadways.

While in service, some of theirs eyesight became defective and subnormal. On that ground they were retired from service of the Haryana Roadways. Their petitions were dismissed by the High Court. They then filed this appeal in the Supreme Court.

Others among the drivers suffered serious injuries during the course of the employment, which incapacitated them from performing their duties. Initially they were transferred to lighter duties but while they were working on those posts, they were retired from service on the ground that they were medically unfit. The State of Haryana and the Corporation argued that the terminal benefits had been paid to these drivers.

Observations of the Court

The Court referred to previous decisions of the Supreme Court and held that the Corporation should not have taken recourse to payment of additional compensation without first examining whether such drivers could be put on alternative jobs.

Taking all the facts and circumstances of the case into consideration, the Court directed the Corporation to apply their mind properly to the question whether the drivers who had suffered injuries could be put on some alternative jobs by way of rehabilitation. According to the Court, the question of additional compensation would arise only when it was not possible to provide them with alternative jobs.

Accordingly, the appeals were allowed to a limited extent. The Court held that the Corporation would examine the question of providing alternative jobs to these drivers within a period of 4 months.

It was also held that the question of providing alternative jobs would be applicable only till the date of superannuation of these drivers. In case any alternative job is provided to these drivers then the amount of additional compensation would have to be refunded to Haryana Roadways.

Cases Referred:

  • Anand Bihari vs. Rajasthan State Road Transport Corporation, (1991) 1 SCC 731

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Jaswant Singh and another vs. State of Punjab

Filed Under: Service Law
Appellant:Jaswant Singh and another
Respondent:State of Punjab
Citation: (1996) 10 Supreme Court Cases 570
Court:In the Supreme Court of India
Judge: K Ramaswamy and GB Pattanaik

Facts

This appeal was filed by Jaswant Singh and several others who were appointed as drivers. While they were in service, they became completely impaired visually. Therefore, they sought alternative employment. However, they were removed from service. This Writ Petition was filed by them subsequently.

Observations of the Court

The Court referred to the judgment passed by the Supreme Court in a previous case; in that judgment, the Court had formulated the following points:

  • In addition to the retirement benefits, the Corporation shall also offer the retired workmen any other alternative job which may be available and which they are eligible to perform.
  • In case no such alternative job was available, each workman shall be paid along with his retirement benefits, an additional compensatory amount in accordance with the service tenure.
  • If an alternative job was not available immediately but becomes available at a later date, the Corporation may offer it to the workman provided he refunds the proportionate compensatory amount.
  • The option to accept either of the two reliefs, if an alternative job is offered would be that of the workman.

On the basis of this judgment, the Court allowed the appeals and directed the respondents (name not mentioned) to consider the case of Jaswant Singh and others who had filed the Writ Petition for alternative employment as and when the vacancies arose

Cases Referred:

  • Anand Bihari vs. Rajasthan SRTC, (1991) 1 SCC 731

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