1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2011 CORAM: THE HONOURABLE Mr.JUSTICE K.CHANDRU W.P.(MD)No.5858 of 2011 and M.P.(MD)No.1 of 2011 Mani ... Petitioner Vs. 1.The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation, Thirumayam road, Pudukottai. 3.The Branch Manager, Tamil Nadu State Transport Corporation, Cantonmant, Trichy. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to provide alternate employment to the petitioner as per the Persons With Disabilities (Equal Opportunities Protection of Rights and Full Participation Act 1995 (1 of 1996) and grant such relief. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.S.Baskaran for R1 Ms.G.Abarna for Mr.B.Pugalendhi for R2 O R D E R The Writ petition is filed by the petitioner who was working as Driver in Tamil Nadu State Transport Corporation Kumbakonam Ltd. The prayer in the Writ petition is for a direction to provide an alternative employment in terms of Section 47 of the Persons With Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1955 (1 of 1996). 2.When the Writ petition came up on 08.06.2011, this Court directed notice to be issued regarding admission. On 01.12.2011, this Court was constrained to pass an order stating that if the respondents do not give alternative employment to the petitioner, this Court will be constrained to impose compensatory costs and the matters adjourned. https://hcservices.ecourts.gov.in/hcservices/ 2 3.Today when the matter came up, the learned counsel for the respondents produced a copy of the order dated 14.12.2011 granting the petitioner to the post of Helper with service continuity, pay protection and change of the service register number. The petitioner was directed to appear before Pudukkottai Region for appropriate orders. 4.The learned counsel for the petitioner has been given a copy of the said order. However, the learned counsel for the petitioner stated that this order did not talk about any backwages. It is needless to state that already this Court in more than one writ petition emphasised that Section 47(1) is an injunction against the employer from dispensing with the service of a person who has become disabled. The disability has to be considered under the provisions of the Act. Therefore, it is needless to state that such person, if the services were dispensed with or discontinued or denial of alternative employment, is also entitled for wages, as if, there was no denial of employment. Taking note of this direction issued by this Court, since the respondents offered the alternative employment, it is for the petitioner to make any representation in case the wages are not paid and the respondents have positively response to such representation. If any adverse orders are passed, it is always open to the petitioner to make the grievance of the same before an appropriate forum. 5.With this observation the Writ petition is dismissed as infructuous. No costs. Consequently, connected M.P.is closed. Sd/- Deputy Registrar (Accts.) /True Copy/ Assistant Registrar To 1.The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam. 2.The General Manager, Tamil Nadu State Transport Corporation, Thirumayam Road, Pudukottai. 3.The Branch Manager, Tamil Nadu State Transport Corporation, Cantonmant, Trichy. Nbj ssk/02.01.2012 /4c-2p/- W.P.(MD)No.5858 of 2011 19.12.2011 https://hcservices.ecourts.gov.in/hcservices/