The Madras High Court has imposed a cost of Rs 2500 on the Administrator (pension funds) of the Tamil Nadu State Transport Corporation, for making an employee run from pillar to post unnecessarily and directed that the cost be paid to the creche account of the woman advocates association of Madurai. Justice S.Vydhyanathan of the Court’s Madurai Bench, disposing of a petition filed by J Ramaraj, said the cost should be paid within two weeks.
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The judge pointed out that already the labour court had directed the General Manager, TNSTC, Virudhunagar, to reinstate the employee with continuity of service and without back wages. The High Court also had upheld the order of the labour court.
Once the award was made with continuity of service, the management should have deposited the employer’s contribution to the trust together with interest.
The judge rejected the contention that the petitioner was reinstated in service on September 23,2015 and subsequently, retired on April 30,2016 and as the petitioner had not completed sufficient years of service and there was no contribution by the employer to the P.F. Account,he could not get pensionary benefits.
Once there is an award of reinstatement with continuity of service, the entire period of service from 1993 to 2016 will have to be taken into account, except for back wages from the date of dismissal till date of award,the judge said.