DECISION Both these appeals are directed against the order, dated 23.11.1988, passed by the learned Presiding Officer, Sindh Labour Court No,I at Karachi, whereby he allowed the grievance petition filed by the workman and ordered his reinstatement without back benefits.
2. Admittedly the workman, Sharafatullah was working as Traffic Assistant with the employer Karachi Transport Corporation, when, while on duty on 16.4.1985, he met with an accident and was admitted in Hospital with multi fractures of knee. He was in hospital for 6 months and was discharged from hospital on 8.10.1985, medically certified as fit for light duties. He used to be sent for periodical check up. On 23.11.1986, the Chief Medical Officer of the respondents declared him medically unfit, therefore, he was removed from service on 14.12.1986. Being aggrieved after serving the grievance notice upon the employer, the workman filed his grievance petition.
3. I have heard Mr. Narain Das, learned Advocate for the Corporation and Mr. Yousuf Khan, learned Representative for the workman and have gone through the record and proceedings of the case.
4. The facts of the case are more or less admitted. The only question which requires consideration is whether order of the employer retiring the workman was legal and reasonable. Mr. Narain Das, the learned Advocate has relied upon Standing Order 12 (1) whereby if a workman is removed for any reason other than misconduct, he has to be given one month's notice or one month's pay in lieu thereof. He has further stated that in the retirement order the reason is shown to be medical unfitness, which complied with requirements of Standing Order 12(3). He, however, admitted that before coming to the conclusion, that the workman was medically unfit, he was not given any notice or any opportunity to show that he was not medically unfit. Admittedly on 7.2.1987, the workman obtained a Medical Certificate from a Surgeon declaring him to be fit. Admittedly neither of the parties have examined Doctors before the learned Labour Court.
5. It is a settled principle of law that before any order which adversely affects the rights of a person can be passed, he has to be given notice or opportunity to show cause before passing of such an order. Mr. Narain Das, the learned counsel contended that such a notice is not required under Standing Order 12 (1) or Standing Order 12 (3). The superior Courts have held time and again that the principles of natural justice are inviolable and are to be followed by every authority whether Judicial or not who has got powers to pass an order affecting the rights of a person unless the requirement of such notice has been specifically taken away by some Statute. There is no provision under Standing Orders, specifically taking away such a notice before any order of retirement on the ground of medical unfitness is passed. It will be seen that the question as to whether the workman was medically unfit was open to doubt as one doctor has opined that he was medically unfit while the other doctor has opined that he was medically fit. The medical officer who opined that the workman was medically unfit, had come to that conclusion because the workman had suffered from multi-fractures of the knee. This fracture had occurred one year earlier and during this one year, the workman had been admittedly working. The medical certificate does not show whether this injury had aggravated or rendered the workman medically unfit. Under these circumstances, in my opinion, it was mandatory upon the Corporation to give an opportunity to the workman to show cause against his retirement on medical grounds and to give him an opportunity to show that he was not medically unfit.
6. For the aforesaid reasons, I dismiss the Appeal No, KAR 427/1988 filed by the K.T.C. As the workman has been illegally dismissed from his service, he is entitled to back benefits. Therefore, I allow the Appeal No, KAR-425/1988 and direct the Corporation to pay back benefits to the workman within 3 months. However, the employer is at liberty to re-consider the question of medical fitness of the workman for employment after giving him notice in accordance with the requirements of principles of natural justice.