Bombay High Court
Shankar Sheshrao Panchal vs The Divisional Controller Maharashtra ... on 4 August, 2020
Author: V.L.Achliya
Bench: V.L.Achliya
5275.20WP.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
933 WRIT PETITION NO.5275 OF 2020
SHANKAR SHESHRAO PANCHAL
VERSUS
THE DIVISIONAL CONTROLLER MAHARASHTRA STATE
ROAD TRANSPORT CORPORATION
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Mr.S.S. Panale, Advocate for petitioner
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CORAM : V.L.ACHLIYA,J.
DATE : 04.08.2020
ORAL ORDER :
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 post of driver has been rejected.
2. In brief, it is the contention of the petitioner that the petitioner was twice declared as unfit to discharge the obligation as driver employed with M.S.R.T.C. On account ::: Uploaded on - 05/08/2020 ::: Downloaded on - 06/08/2020 03:24:49 ::: 5275.20WP.odt 2 of medical condition of the petitioner, the petitioner was directed to work as a peon. It is submitted that pursuant to the directions, the petitioner appeared before the Medical Board constituted with J.J. Hospital, Mumbai. On the basis of report submitted by the Medical Board, the alleged order to repost the petitioner to the original post of driver has been passed. It is the contention of the petitioner that he is suffering from various ailments. The medical condition of the petitioner is not good. His heart is functioning with 35% capacity. He has undergone angioplasty for three times and 4 stents have been planted. His vision is 40% damaged. He is unable to discharge the obligations of the post of driver and deserves to be continue to work as peon.
3. On due consideration of the submissions advanced, I am of the view, the matter requires consideration. Hence the following order :-
ORDER
(i) Issue notice to the respondents, returnable on 18th August, 2020. In addition to notice through the process of Court, the petitioner is permitted to serve the ::: Uploaded on - 05/08/2020 ::: Downloaded on - 06/08/2020 03:24:49 ::: 5275.20WP.odt 3 respondent by Registered Post Acknowledgment Due or any other legally permissible mode and file the affidavit of service by the returnable date.
(ii) Till 18th August, 2020, the status-
quo as on today be preserved.
(iii) Stand over to 18th August, 2020.
[V.L.ACHLIYA] JUDGE SGA ::: Uploaded on - 05/08/2020 ::: Downloaded on - 06/08/2020 03:24:49 :::