Conductor on Temporary Alternate Duty After Leg Fracture Must Be Redesignated, Madras HC Says; Medical Board Review Possible After a Year

The petitioner was employed as a Conductor with the Tamil Nadu State Transport Corporation and suffered a fracture in his right leg.

The Corporation assigned him alternative work, which it described as temporary, but did not redesignate his post.

He sought permanent or suitable alternative employment, redesignation, continuity of service and related monetary benefits, including arrears for periods when he was allegedly denied duty or paid reduced wages.

The respondents submitted that the alternative assignment was temporary because the injury was a fracture and not a permanent ailment.

The petition invoked Section 20 of the Rights of Persons with Disabilities Act, 2016, in support of job protection and alternative employment.

However, the judgment does not expressly interpret or apply that provision, or cite any precedent.

The Court’s stated basis for relief was that an employee assigned to perform other work could not continue to be treated as a Conductor; it directed redesignation and provided for future medical review.

The Court accepted that the petitioner had been assigned alternative work because of his injury.

It held that, while he was doing work other than a Conductor’s duties, he could not continue to be treated as a Conductor.

It therefore directed redesignation, while addressing the respondents’ position that the assignment was temporary by permitting a Medical Board referral after one year and requiring the respondents to decide on the alternative employment in light of that report.

The judgment does not expressly grant the claimed arrears, wage differences, allowances or interest.

No costs were ordered.