Back
MANOJ KUMAR GUPTA, DONADI RAMESH
Kanpur Electricity Supply Company Limited – Appellant
Versus
Raj Kumar – Respondent
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 working on high tension over head line after taking proper shut down, due to negligence on the part of the concerned Officer of the appellant/Corporation, the high tension line on which petitioner was working was suddenly energized resultantly he got electricity shock and his both arms burned. As a result thereof, his both arms were amputated by the doctors while undergoing treatment. In view of the said action, he got hundred percent permanent disability as declared by the Medical Board in its report dated 16.12.2009. On the basis of above
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.
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.
An employee who acquires a disability during service cannot be dismissed; they must be accommodated in suitable employment as per the law.
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
