P.SATHASIVAM
D. Rajarathinam – Appellant
Versus
The Management of Metro Transport Corporation Ltd. – Respondent
Aggrieved by the order of the respondent dated 18.10.2001, declining to reimburse the expenses incurred by the petitioner towards heart surgery done to his wife from the Labour Welfare Fund, the petitioner has filed the above writ petition to quash the same and consequently direct the respondent to reimburse the medical expenses.
2. The case of the petitioner is briefly stated hereunder
The petitioner is working as an Assistant Tradesman in the respondent - Metro Transport Corporation, Chennai 2. The conditions of service of the workmen employed in the State owned Transport Undertakings are governed by periodical settlements entered into between the Central Trade Unions and all the State Transport Corporations. In the last settlement dated 13.02.1999, entered under Section 12 (3) of the Industrial Disputes Act, 1947 (in short "the Act"), under Item 79 of the Settlement, it was agreed to introduce a "Special Medical Assistance Scheme" to the workmen in addition to the medical benefits in existence. As per Clause 79 (2), the Scheme was to be called as "Tamil Nadu Transport Corporation Employees Family Medical Assistance Scheme" (in short "the Scheme"). As per Clause 79 (3),
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