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The Management Of State Express vs J.Rasal Thomas

Madras High Court|21 June, 2017

JUDGMENT / ORDER

(Judgment of the Court by T.S.SIVAGNANAM, J.,) Mr.S.Arunachalam, learned counsel accepts notice on behalf of the first respondent.
2. With the consent of both sides, this writ appeal is taken up for final hearing at the admission stage itself.
3. This writ appeal by the Transport Corporation is directed against the order, dated 19.03.2015 in W.P.(MD).No.6223 of 2012, which was filed by the first respondent herein challenging the order of the appellant - Management, dated 03.09.2001 and for a consequential direction upon the appellant - Management to provide him a notional suitable alternative permanent employment with continuity of service and pay protection in accordance with Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter, referred to as "the Act") from 03.09.2001 and to settle all terminal benefits due to him.
4. The Writ Court, after taking note of the mandate in Section 47 of the Act, allowed the writ petition.
5. The appellant - Transport Corporation is before us on the ground that the first respondent did not seek for alternative employment or pay protection under Section 47(1) of the Act prior to he attaining the age of superannuation.
6. The contention raised by the appellant - Transport Corporation is to be rejected for the simple reason that it is the duty cast upon the employer to provide alternative suitable employment with full protection of all service benefits to the employee and the Act does not provide any limitation. Thus, we are of the view that the appellant - Transport Corporation has not made out any ground to interfere with the order passed by the Writ Court.
7. In the result, the writ appeal fails and it is dismissed. No costs. Consequently, connected miscellaneous petition is closed..
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Title

The Management Of State Express vs J.Rasal Thomas

Court

Madras High Court

JudgmentDate
21 June, 2017