The main legal point established in the judgment is the obligation of private employers to rehabilitate injured workers and the award of compensation instead of automatic reinstatement with back wages.

1. The writ petition is filed by the Management, seeking to challenge an Award passed by the II Additional Labour Court, Chennai in I.D. No. 538 of 2005 dated 23.1.2008. By the aforesaid Award, the Labour Court directed the Management to reinstate the second respondent with service continuity and back wages.

2. The writ petition was admitted on 5.8.2008. Pending the writ petition, an interim stay was granted. Subsequently, the workman filed two applications viz., M.P. No. 2 of 2008 for vacating the interim stay and M.P. No. 3 of 2008 for a direction to pay last drawn salary in terms of Section 17-B of the Industrial Disputes Act, pending disposal of the writ petition. When the matter came up on 21.10.2008, this Court recorded the statement of the Management that they are willing to permit the second respondent to work as a Casual Labourer. In the light of the said submission, the workman was directed to report for duty before the Management by 3.11.2008.

3. Subsequently, the workman filed M.P. No. 1 of 2010, seeking for a direction to restore the workman in service or enhance the amount of Rs. 4,030/- paid in terms of Section 17-B of the I.D. Act. In the affidavit filed in support of the petition, the workman stated that as per the order of this Court dated 21.10.2008, he was permitted to work from 3.11.2008. But, the Management did not give him work from 13.1.2009 citing recessionary trend all over India. Therefore, he filed Contempt Petition No. 926 of 2009 and this Court directed the Management to pay the last drawn wages. It was further stated that workers junior to him, who were sent out due to the recessionary condition were taken back and only he has not been taken back. He suffered a fracture in his left leg because the fork lift ran over him while he was working in the factory. The said accident took place on 17.7.2004. Subsequently, he became fit and reported for duty. But, the workman was given work only for 20 days in the Library of the factory and thereafter, he was sent out on the ground that because of the injury, he would not be able to do strenuous work. The amount of Rs. 4,030/- paid after deducting the Provident Fund was not enough. The workers junior to him were paid Rs. 15,000/- per month and hence, this application.

4. In that application, the Management had filed a counter affidavit dated 10.7.2012. In the counter affidavit, they had stated that as an interim measure, the workman was engaged as a Casual worker from 3.11.2008 pending disposal of the writ petition. In 2009, they were obliged to reduced its flexible man power due to business reasons. But however the workman was paid last drawn monthly wages. Due to the pressure exerted by the Trade Union and the locals, a large number of persons were taken up for training and those trainees will have to be absorbed. During 2009, they had not engaged any person as a casual worker. However, no orders were passed in that application.

5. The Management has also filed an additional typed set. It is seen from the records that the workman was working as an employee in the Management with effect from 1.1.2004 in the First Operation Plant. He was engaged till 3.3.2005 without any break. The workman was asked by the Management to do loading and unloading work, cleaning the iron sheets with rust cleaning Sander machine, Plate Cleaning etc., to work in container lorries to put Hook attached with the Fort Lift Machine/Vehicle and all other works. He was also enrolled under the ESI Scheme. The Management promised to regularise the workman in this new company, which undertook the business of the old company in the name and style of ‘Hindustan Earth Moving Equipment’ wherein, he joined on 25.11.1991 and completed his Apprenticeship as as Forger and Heat Treater. After training, the workman worked as casual labourer in the old company till the present Management took the business of ‘Hindustan Earth Moving Equipment’. On 17.7.2004, when he was doing the work allotted to hi