Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SUMAN SHYAM, MANJUSHA DESHPANDE
Jyoti Jayesh Tayade – Appellant
Versus
Commissioner Municipal Corporation of Greater Mumbai – Respondent
| Table of Content |
|---|
| 1. factual basis of employment and disability (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on termination and back wages (Para 6 , 10 , 11) |
| 3. analysis of section 47 of the act (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. protection against termination due to acquired disability (Para 20 , 22 , 23 , 24 , 25) |
| 5. final ruling and enforcement of unpaid dues (Para 26 , 27 , 28 , 29) |
JUDGMENT :
(Per SUMAN SHYAM, J.)
1. The Writ Petitioner herein had suffered an accident during the course of her service, incurring disability, which had rendered her unfit for job. Resultantly, her service was terminated but in the wake of an order passed by the Commissioner for Person with Disabilities, (Disabled Welfare Commissionerate), she was reinstated in service. The grievance of the Petitioner in this Writ Petition is on account of non-payment of her wages during the period in which she had remained out of her job due to termination of her service. The facts and circumstances of the case, as available from the materials on record, shorn of unnecessary details, are as here-under.
2. On 12th April, 1995, the Writ Petitioner, who is a graduate in Arts, was appointed as a Security Guard and posted
Employers cannot terminate employees who acquire disabilities during service; they must continue to provide wages and benefits under Section 47 of the Disabilities Act.
Section 47 of the Persons With Disabilities Act mandates accommodation for employees acquiring disabilities, preventing termination during service.
The statutory obligation to protect employees acquiring disability during service and the discriminatory nature of extending age benefits only to specific disability categories.
An employee who acquires a disability during service cannot be dismissed; they must be accommodated in suitable employment as per the law.
The court established that the acceptance of monetary benefits under duress does not preclude the right to seek alternative employment under the Rights of Persons with Disabilities Act, 2016.
The termination of an employee based on medical unfitness is contrary to the protections established under disability laws, requiring adjustments or supernumerary positions for disabled employees.
Shifting disabled employee to new post under Section 47 does not require counting prior service for new cadre seniority; existing employees' seniority protected; promotion denial valid if lacking min....
Charges of misconduct leading to disciplinary action do not fall under protections for employees acquiring disabilities unless substantiated by proper mental health evaluations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
