TNSTC STAFF FEDERATION Vs. MANAGER DIRECTOR TNSTC (MADURAI) LTD , GENERAL MANAGER, TNSTC (MADURAI) LTD , GENERAL MANAGER, TNSTC (KUMBAKONAM) LIMITED AND JOINT COMMISSIONER OF LABOUR, LABOUR DEPARTMENT

JUDGEMENT

(1.) The Petitioner is a trade union registered under the Trade Unions Act and its registration number is 610/MDU and it is also recognised by the Respondents. Prior to 1972, the passengers transport in Tamil Nadu were operated by the transport department directly. The transport corporations were formed in the year 1972. A consolidated medical code (hereinafter referred as the Code) was framed by the then Pandian Roadways corporation on 19.11.1981 and brought into force with effect from 17.01.1972 giving medical assistance to the employees, who were employed in the transport corporation and to their family members. Pandian Roadways Corporation was formed in 1972 and the said Corporation was operating passenger transport in Madurai, Dindigul, Theni and adjoining Districts. Later the Corporation names were changed and amalgamation took place. Now, the employees of the Respondents 1 to 3 are covered by 1981 Code.

(2.) As per the Code, the employees who have been appointed before 30.09.1978 are covered under the Code. Under the Code, the treatment expenses limit is fixed. The employees who have put in less than 5 years of service, the limit was Rs. 100/- per year. The employees who have put in service ranging between 5 years and 10 years the limit is Rs. 400/- per year. In the case of employees, who have rendered more than 10 years of service, there was No. limit.

(3.) While the said scheme was in operation, G.O.Ms. No. 2309 Transport Department, dated 21.05.1990 directing all the State Transport Undertakings to pay a sum of Rs. 50,00,000/- per annum in proportion to the number of employees who are eligible to avail medical facility in the Government Hospitals. But the said Government Order was not implemented as the Corporation failed to deposit the amount.