Labour court directs MTC to pay ₹12 lakh to sacked conductor

Labour court directs MTC to pay ₹12 lakh to sacked conductor

TIMES NEWS NETWORK

Chennai:14.11.2020

A city labour court has directed the Metropolitan Transport Corporation (MTC) to pay ₹11.6 lakh in back wages to an employee it terminated from service more than 10 years ago. The petitioner was working as a conductor and was attached to the Avadi depot when he was terminated in 2008.

According to the petition moved by M Sathishkumar, 48, he joined the MTC as a conductor in November 1992 and served in Avadi depot until he was dismissed in November 2008. As per the Industrial Disputes Act, 1947, the corporation had to get an approval from the labour commission for the dismissal but the MTC has failed to get one till date, which makes the dismissal invalid, Sathishkumar’s counsel submitted and sought ₹26 lakh compensation, which included back wages, dearness allowances among others.

In response, the transport corporation submitted that the petitioner was terminated after he got into a quarrel with a co-worker and was also involved in various misconducts during service. The MTC submitted that the petitioner has suppressed facts while filing the petition, which itself has been filed more than a decade after the termination, and hence liable to be dismissed.

The labour court noted the corporation’s contention about the delay in filing this petition and observed that it is not convinced of the conduct of the petitioner, who did not approach the corporation within a year seeking re-employment since it failed to get the approval for his termination.

The court held that even when the termination is set aside by a competent court, the claim for back wages and benefits is not automatic. After perusing the submissions, the court held that the petitioner is entitled only for back wages, not other benefits such as gratuity and bonuses, and directed the MTC to pay ₹11.6 lakh to the petitioner.