The Madras High Court Bench here has directed Tamil Nadu State Transport Corporation (TNSTC) to pay back wages to an employee who was discharged from service in 1997 on account of physical disability but reinstated in 2012 following a court order passed in accordance with Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Allowing a writ petition filed by R. Subramanian, Justice S. Vaidyanathan held that the corporation was not right in denying back wages to the employee since his discharge from service, without providing him an alternative employment as envisaged under the PWD Act, was itself illegal. He said that the principle of ‘no work, no pay’ would not be applicable in cases of the present nature.
“This court is of the view that the petitioner is entitled to all the benefits as if he is in continuous service and the entire back wages will have to be paid to the petitioner. The petitioner has also attained the age of superannuation on May 21, 2013 (after his reinstatement in the post of Helper in 2012)… Therefore, the amount due to the petitioner cannot be said to be a gratis or a bounty,” the judge said.
He ordered payment of back wages to the petitioner within three months along with interest at the rate of six per cent per annum. He also directed the TNSTC to pay gratuity, if not paid already, with interest at the rate of 10 per cent per annum.
“If any of the amounts mentioned supra are not paid within the time stipulated, the arrears will carry interest at the rate of 15 per cent per annum,” the judge added.
