R MANI Vs. LABOUR COURT

JUDGEMENT

(1.) BY consent of both sides the writ petition is taken up for final disposal.

(2.) PRAYER in the writ petition is to quash the award of the Labour Court in I.D.No.32 of 1999 on the file of the first respondent/Labour Court, Trichy, declining the relief of reinstatement with backwages and continuity of service.

(3.) THE learned counsel for the second respondent on the other hand submitted that the award of the Labour Court is justified in declining the relief of reinstatement or fresh appointment to the petitioner on the ground of award of compensation by the Motor Accident Claims Tribunal and at best, the petitioner can be employed as Helper as fresh entrant in accordance with the Government Order since the Act 1 of 1996 came into force only from February, 1996, and therefore the petitioner is not entitled to claim alternate employment under section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.