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Judgment
D. Hariparanthaman, J.—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.
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.
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.
Pursuant to the settlement u/s 12(3) of the Industrial Disputes Act, 1947 signed on 28.09.1995, Tamil Nadu Transport Corporation Employees Family Medical Assistance Scheme was introduced. As per the scheme, a workman is eligible to get Rs. 1,00,000/- towards reimbursement of medical treatment in respect of himself as well as dependents included in the scheme. The Respondent corporation implemented the above scheme till 2008. After 2008 the Respondents have introduced a medical health insurance namely Star Health Insurance Scheme as per G.O.Ms. No. 430, Finance (Salaries) Department, dated 10.09.2007.
The grievance of the Petitioner is that the Respondent has failed to comply with the Code that was framed by Respondent corporation in the year 1981. As per the said Code, employees who joined before 30.09.1978 and rendered more than 10 years of service are entitled to medical reimbursement without any limit. But, the same was not given in those cases. The Petitioner has cited two instances. One in the case of Ravindran, Special Grade Assistant and the second in the case of medical treatment given to the wife of Alagarsamy, Assistant Manager. As far as the case of Ravindran, it is stated by the learned Counsel for the Petitioner that the claim was settled. As far as the case of Alagarsamy is concerned, the claim is yet to be settled. According to him, Alagarsamy joined the service before 30.09.1978. Since the amount was not settled, the Petitioner has come forward with the present writ petition seeking for a direction to the Respondents to extend the benefit under the Code. The prayer in the writ petition is not aptly word. It proceeds as if the Code is prepared as per G.O.Ms. No. 2309 Transport Department, dated 21.05.1990. But, it is not so.
The Respondents filed a counter affidavit refuting the allegations. However, in the counter it is admitted by the Respondents in paragraphs 2 and 6 that as per the Code, the employees who joined before 30.09.1978, are entitled to reimbursement without any limit. Paragraphs 2 and 6 of the counter are extracted hereunder:
It is submitted that those employees who were appointed before 30.09.1978 are governed by the Medical Code and they are eligible to get reimbursement of medical expenses without any limitation. However, those who were appointed after 30.09.1978 are not entitled to get reimbursement of medical expenses without limitation.
Alagarsamy is an employee of the Virdhunagar Region of the 2nd Respondent Transport Corporation. He was appointed prior to the year 1978 and hence in addition to the Employees Medical Assistance Scheme, he is eligible to get the benefits of the Medical Code applicable for the employees who were appointed prior to 30.09.1978. As per the above Medical Code, Employees with more than 10 years of service could get medical treatment without any limitation on the expenses. However, the treatment could be availed either in the hospital of the 1st Respondent corporation or with the authorized Medical Officer or in any Government hospital.
It is stated that G.O.Ms. No. 2309 Transport Department, dated 21.05.1990 was never implemented and the Respondent corporation did not pay the amount as required under the Government Order. The same is not disputed by the Petitioner. Furthermore, the Petitioner''s claim is not based on the said Government Order. On the other hand, their claim is based on the Code.
It is admitted that when the employees medical assistance scheme was introduced in the year 1995, the same was in addition to the benefits under the 1981 Code for the employees, who joined before 30.09.1978. In fact, all the person who joined before 30.09.1978 could have already retired from service. Hardly there are any workman in service. Even if there is any workmen in service, he could retire within a couple of years.
The learned Counsel for the Petitioner has also not disputed about the statement made by the Respondents in the counter affidavit that the new medical insurance has come into operation after 2008. However, the claim of the Petitioner is that the employees who joined before 30.09.1978, who are entitled to have the benefit under the code, are entitled to get the same for the treatment that were taken before the new scheme came in the year 2008 as per G.O.Ms. No. 430, Finance (Salaries) Department, dated 10.09.2007.
Since the Respondent themselves admitted in paragraphs 2 and 6 of the counter affidavit that the employees who were appointed before 30.09.1978 are entitled to reimbursement without limit for the medical treatment as per the Code, the writ Petitioner is entitled to succeed in the writ petition. However, it is made clear that they could claim benefit for the treatments taken up to the new insurance Scheme came into operation i.e. 2008. Hence, the Respondents should settle the claim for the medical treatment taken for the wife of Alagarsamy, Assistant Manager.
In these circumstances, the writ petition is disposed of directing the Respondents to extend the benefits under the 1987 medical code for the employees who joined before 30.09.1978 by reimbursing the expenses for medical treatment for them and their dependent family members for the treatments taken prior to the new medical insurance scheme in 2008. The writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.