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MANOJ KUMAR GUPTA, DONADI RAMESH
Kanpur Electricity Supply Company Limited – Appellant
Versus
Raj Kumar – Respondent
| Table of Content |
|---|
| 1. background of employee's injury and retirement (Para 1 , 2 , 3) |
| 2. arguments regarding the legality of retirement under regulations (Para 4 , 8 , 9) |
| 3. legal obligations under section 47 of the act (Para 5 , 10 , 16) |
| 4. interpretation and application of section 47 (Para 6 , 7 , 12) |
| 5. employer's failure to retain disabled employees violates legal obligations. (Para 11) |
| 6. court’s decision reaffirming employee's rights (Para 14 , 18 , 19) |
| 7. the appeal's dismissal reaffirms the legality of the lower court's ruling. (Para 17) |
JUDGMENT
Donadi Ramesh, J.
The instant intra-court appeal has been filed by respondent No. 2 aggrieved by the order in Writ - A No. 58074 of 2014 dated 10.02.2020.
2. The respondent in the appeal has filed the writ petition assailing the order dated 6.4.2011 passed by the appellant herein. The said writ petition was allowed with a direction to reinstate the petitioner in service alongwith all consequential benefits.
3. The facts of the case are that the petitioner was working as a line man with the appellant/Corporation and he was posted at Electricity Urban Distribution Division, Phool Bagh, KESCO, Kanpur. On 27.06.2009, while the petitioner was worki
Section 47 of the Persons With Disabilities Act mandates accommodation for employees acquiring disabilities, preventing termination during service.
Employers cannot terminate employees who acquire disabilities during service; they must continue to provide wages and benefits under Section 47 of the Disabilities Act.
Disability Act s.20(4) prohibits premature retirement of employee acquiring disability during service; mandates alternative/supernumerary post till superannuation, prevailing over service rules.
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.
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....
Termination of services due to continued ill-health under Section 2(oo)(c) of the Industrial Disputes Act is valid, but equitable considerations necessitate compensation for workmen suffering job-rel....
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.
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