On the ground of receipt of compensation benefit under disabilities Act can not be denied for alternative employment.

A.P. Shah, C.J.

Admit. Learned counsel appearing for the first respondent Corporation waives service. By consent, the appeal is taken up for hearing.

2. The appellant was working as a Conductor in the first respondent- Tamil Nadu State Transport Corporation. On 19. 1996, when the appellant was on duty on the route from Mettupalayam to Coimbatore, he fell down from the running bus and received grievous injury on his head. The appellant was in coma for a period of 45 days and he had to undergo medical treatment for nearly four months. The appellant thereafter joined the service and he was referred to the Medical Board at Udhagamandalam Government Hospital, which opined that he is unfit to take up the work involving prolonged standing or walking. Consequently, the first respondent Corporation issued a notice to the appellant that he has become disabled and, therefore, he should be discharged from the post of Conductor and accordingly discharged him from service on 29. 1998. The appellant filed a claim petition under the provisions of the Workmens Compensation Act in W.C.No.205 of 1999, before the Deputy Commissioner of Labour, Coimbatore. The Deputy Commissioner vide his award dated 28.01.2000 awarded a compensation of Rs.2,30,568/- to the appellant and this order has not been challenged by the Corporation and has attained finality. The appellant also raised an industrial dispute in I.D.No.254 of 2000 under Section 2(A) (2) of the Industrial Disputes Act for alternative employment with continuity of service. The Labour Court, Coimbatore vide Award, dated 08.02.2005 declared that the appellant is entitled for the relief sought for under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter will be referred to as the Disabilities Act in short) and directed the 1st respondent to reinstate the appellant with full back wages.

3. The Award of the Labour Court was challenged by the first respondent Corporation by means of the present writ petition contending inter alia that the appellant having received a compensation of Rs.2,30,568/-under the Workmens Compensation Act, cannot again claim alternative employment in terms of Section 47 of the Disabilities Act, as it is not open for the employee to pursue both the remedies. The learned Single Judge accepted the contention of the Management and held that the appellant is not entitled to enjoy both the benefits, i.e. the compensation under the Workmens Compensation Act and alternative employment under the Disabilities Act, and that the appellant can claim only one relief from the Corporation. Consequently, the learned single Judge directed the appellant to repay Rs.5,000/-per month from his salary and clear the total amount and in case, the appellant retires before the recovery of the amount, the Corporation would be at liberty to deduct the same from the terminal benefits of the appellant.

4. Mr. R. Sunil Kumar, learned counsel appearing for the appellant strenuously contended that by virtue of Section 72 of the Disabilities Act, the provisions of the said Act are in addition to and not in derogation of any other law for the time being in force. Learned counsel urged that the receipt of compensation under the Workmens Compensation Act will not disentitle reinstatement of workman with consequential benefits. He submitted that in cases involving permanent partial disablement, the courts will have to necessarily see whether the earning capacity is reduced in every employment which he was capable of undertaking at the time of accident and not merely a particular employment in which he is engaged or in which the salary received by the disabled. Learned counsel submitted that the Disabilities Act is a beneficial piece of legislation which came into effect when other enactments providing security to the workforce were available and the legislature while drafting the Act was conscious about the other enac