In this writ petition challenging the dismissal of an Industrial Court award following termination for long-term absence, the Court declined to substitute its opinion for that of the Medical Board which declared the petitioner medically unfit. Consequently, no grounds were made out for intervention.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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SH. RISHI PRAKASH ..... Petitioner
Through Mr. Bhavesh Kumar Sharma, Advocate.
versus
DELHI TRANSPORT CORPORATION ..... Respondent Through Mrs. Avnish Ahlawat, Standing Counsel for GNCTD (Services) with Mr. N.K. Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R % 05.02.2020
CM APPL. 4740/2020 (exemption)
W.P.(C) 1357/2020
“6. The parties who appeared in the mediation entered into an agreement settling the matter which terms of mutual agreement as noted by the Ld. Mediator are as under:-
7. After perusing the agreement reached between the parties in the mediation and upon hearing the parties, I find that the management is willing to take the workman on duty. The statement of the AR for the workman without oath is recorded. Hence, I pass the following award.
AWARD
The reference is answered as settled between the parties as per the terms of agreement reached between the parties before the Mediation Cell recorded in its report dated 19.08.09.
Both the parties shall abide by the terms of settlement reached.
Copies of this award be sent to the appropriate government for publication. File be consigned to record room.”
the petitioner was directed to appear before the said Medical Board and even this medical board declared the petitioner medically ‘unfit’.
G.S.SISTANI, J
ANUP JAIRAM BHAMBHANI, J
FEBRUARY 05, 2020/ ck/
W.P.(C) 1357/2020
3/3
1 issue framed by the court
Whether the writ petition alleging arbitrary action in termination should be entertained given the Medical Board's finding of unfitness.
1 provisions across 1 enactments
Rishi Prakash
Delhi Transport Corporation
G.S. Sistani
Anup Jairam Bhambhani
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
