HC wonders the act of TNSTC of wasing money

The Madurai Bench of the Madras High Court today wondered why the managements of Tamil Nadu State Transport Corporations were wasting huge amount of money on paying subsistance allowance to the workers, without reinstating them as per the orders of the Labour Court.
Justice S Nagamuthu dismissing petitions filed by the managements of TNSTC and A Palaniswamy, a driver, against the labour court order, in a common order said the officials should have reinstated him as new driver without continuity of service.
During the 63 months when the case was pending he had been given Rs 3900, as per month as subsistance 17(B) of Industrial Dispute Rule. Till date he had been paid about Rs.2.45lakh, but no work had been extracted from him because he was not reinstated. This resulted in waste of public money, the Judge said.

"This is not the only case wherein the TNSTC had spent such a huge amount by acting in lethargic and callous manner. In several cases, the TNSTC chose to pay the wages under the 17(b)of the Industrial Disputes act for years together without reinstating into service.
The TNSTC were already suffering from financial constraints. They could not settle accident claims and many buses were being attached.
When that is the case "I dont understand why the management is spending money under the pretext of paying subsistance allowance under 17(B)of industrial disputes act. It is sheer wastage of money, the judge said, and suggested that in future, the management should take scientific and prudent action so as to avoid waste of Public money.

Palaniswamy of submitted that he was dismissed from service on charges of rash driving which led head on collision with another bus, leading to the death of one passenger and 28 passengers sustaining injuries some years back.

He challenged the dismissal before the labour court, which found him guilty of rash and negligence, but felt dismissal was disproportionate to the gravity of the offence and reinstatment of the petitioner as a fresh entrant without back wages and continuity of services.
The management of the TNSTC also filed an appeal against the order to reinstate him.
The Judge upheld the labour court order saying the driver could not escape punishment for his rash and negligent driving.