( 1 ) THE respondent No. 1/wokrman was appointed as a Security Guard on 12th November, 1982. It is not in dispute that in June, 1991, the respondent No. 1 met with an accident while in service and suffered disability. He was retired from service on 22nd February, 1994. The Labour Court by its impugned Order reinstating the respondent No. 1 has noticed the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as `the Act ) and referred to and applied the judgment of a Learned Single Judge of this Court in Baljeet Singh Vs DTC reported as 83 (2000) DLT 286.

( 2 ) SECTION 47 of the Act reads as under:

"47. NON-DISCRIMINATION in Government employments. _ (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:

PROVIDED that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits:

PROVIDED further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary pos