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2005 Supreme(Bom) 1809

H.L.GOKHALE, R.S.DALVI
Satish Prabhakar – Appellant
Versus
Union of India – Respondent


Judgement

R. S. DALVI, J.

( 1 ) THE Petitioner is a person with hearing disability who has acquired his disability consequent upon and during his service with Respondent No. 5. The petitioner was a trained Telephone Operator working as such with Respondent No. 5 for 23 years. Respondent no. 5 are in the business of manufacturing industrial equipments and the Petitioner was posted in their factory. He was not provided with a soundproof cabin. The Petitioner contends that he worked under extremely noisy surroundings in the 5th Respondents factory. It is his case that due to constant loud manufacturing sounds his sense of hearing became gradually impaired and he had to undergo medical treatment ultimately leading to the termination of his services by respondent No. 5. His legal rights to employment under the Persons with Disabilities (Equal Opportunities, protection of Rights and Full Participation) Act, 1995 (hereinafter, for the sake of brevity, referred to as "the Act") are under consideration in this matter.

( 2 ) THE Petitioner has relied upon the Certificate of his Physician dated 29th October 1994 showing that he suffers from bilateral sensory neural loss. He was advised not to


















































































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