The principle of reasonable accommodation requires employers to make necessary adjustments for employees with disabilities to ensure equal participation in the workplace.

ORDER

1. Petitioner has filed this present petition seeking direction to the respondents to reinstate him into the service with backwages and to pay the amount of compensation after due assessment of his disablement and also medical expenses.

2. According to the petitioner, he was working as Helper/Coolie since the year 2000 in the Union Bank of India, Central Office Anoop Nagar, A.B. Road, Indore. The petitioner has worked from 2000 to 2004 in Chhawni Branch, thereafter from 2004 to 2006 in Regional Office and thereafter from 2006 to 2008 in Vishnu Puri Branch. He was assigned the work of transportation of cash amount from the branch to main branch. On 11.4.2008 he was working in M.G. Road Branch of Union Bank of India. He was going with Head Cashier Shri Brijmohan Gupta and Smt. Rekha Bai to deposit the cash of Rs.19.5 Lac. They were attacked by the robbers. One of his colleague Shri Brijmohan Gupta died and Smt. Rekha Bai and he sustained grievous injuries. The knife was stabbed on the leg of the petitioner. He was admitted in the hospital and by way of operation his leg was amputated. The District Medical Board assessed his disablement to 60% and issued the permanent disability certificate. The petitioner submitted a representation to the Bank that he has suffered disablement in order to save the money of the Bank, therefore, he be given the employment in the bank. He also submitted representation to the Central Office, Mumbai. The petitioner has cleared High School Certificate Examination in the year 2003. He belongs to the scheduled caste. The certificate issued by SDO is filed along with the petition. His name is also enrolled in the employment exchange. Mother of the petitioner is already working as Peon in the respondent-Bank, who has also submitted a representation for grant of compassionate appointment to her son. The Branch Office vide letter dated 2.3.2012 sent the representation to the Regional Office and vide order dated 27.2.2013 the representation has bee rejected. The appointment to the post of Housekeeper-cum-Peon is liable to be made as per the rules and policy of the Bank. According to the petitioner he has been paid only Rs.50,000/- by the Bank for the injury suffered by him.

3. After notice, the respondents have filed the reply. The respondents have not disputed about the robbery as well as the death of Brijmohan Gupta. Respondents have also not disputed that the petitioner sustained grievous injury and his leg was amputated. Respondent-Bank has also admitted that the compensation of Rs.50,000/- has been paid to the petitioner in the year

2008. The Bank has also incurred the medical expenses to the tune of Rs.2,20,894/-. Apart from that the petitioner is not entitled for any relief from the bank. The respondents have also submitted that no compassionate appointment can be given to the petitioner beyond the policy framed for compassionate appointment.

4. According to the petitioner he worked in the respondent-Bank from

2000 to 2008 as Helper/Coolie, which the respondent-Bank has specifically denied. The petitioner has not filed any document to establish that he was appointed by the Bank. However, the respondents in their reply have not disclosed that as to how the petitioner was accompanying the two bank employees along with the cash. This fact is also not in dispute that mother of the petitioner is working as Class-IV employee in the respondent-Bank. Prima facie it appears that the bank was taking services of the petitioner without showing him employee of the Bank, therefore, the bank paid the compensation of Rs.50,000/- and incurred the medical expenses. In order to claim relief of reinstatement into the service or regularization, the remedy was available to the petitioner to approach the Labour court under the Industrial Disputes Act.

5. The fact remains that the petitioner has now come under the category of person with the benchmark disability under Section 2(r) of the Rights of Persons with Disabilities Act