Management Of Tamilnadu State-Transport Corporation (Salem Division-I) Ltd. v. Presiding Officer
2017-06-01
HULUVADI G.RAMESH, RMT.TEEKAA RAMAN
body2017
DigiLaw.ai
JUDGMENT : Huluvadi G. Ramesh, J. This appeal is filed by the Transport Corporation against the order passed by the learned Single Judge granting the relief sought for by the writ petitioner viz., the second respondent herein. 2. It appears that on account of medical grounds, the writ petitioner/second respondent herein was discharged from service as Conductor. When the matter was taken up before the Labour Court, by the writ petitioner, he was granted a partial relief of re-appointment as Helper. Aggrieved against the same, the writ petition was filed by him wherein, the learned Single has granted the relief of alternative employment with pay protection, continuity of service and back-wages from the date he approached the Labour Court. This order is in challenge before this court. 3. Heard the arguments of the learned counsel appearing for the appellant and Ms. S. Girija, learned counsel, who takes notice on behalf of the second respondent/writ petitioner. 4. The learned counsel appearing for the appellant would submit that there is a delay of nearly four years on the side of the writ petitioner in approaching the Labour Court and hence, he is not entitled to backwages. 5. Firstly, the discharge of the petitioner from service is not on the basis of any misconduct, but, only on medical invalidation. Further, the delay on the part of the writ petitioner in approaching the Labour Court has been rightly considered by the learned Single Judge in para 10 of the order to reject the claim of backwages from 19.2.1998 to 12.3.2002 viz., from the date of discharge till the date of his approaching the Labour Court, but, it has been rightly held that he cannot be denied backwages on and from the date when he has approached the Labour Court. Therefore, the order of the learned Single Judge is in tact. 6. However, considering the facts and circumstances of the case and in the interest of justice, the order of the learned Single Judge is modified only to the extent that the backwages granted by the learned Single Judge is reduced to 50%. Rest of the order passed by the learned Single Judge holds good and it shall be complied within a period of eight weeks from the date of receipt of a copy of this judgment. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petition is closed.