The Bombay High Court, presided over by Justice Sandeep V. Marne, ruled in favor of Kishor Gulab Salve, a bus conductor employed by the Brihan Mumbai Electric Supply and Transport (BEST) Undertaking, who was dismissed after being found guilty of unauthorized absence. The Court upheld the Industrial Court's decision to reinstate Salve with full back wages, finding that the disciplinary action was linked to an improper withdrawal of accommodations for his certified disability. The Court also highlighted that BEST acted unjustly by relying on a politically motivated complaint to reassess the employee's disability status.

Introduction

The case involves a dispute between the Brihan Mumbai Electric Supply and Transport (BEST) Undertaking and an employee, Kishor Gulab Salve, who was dismissed from service following a departmental inquiry. Salve challenged the dismissal, claiming victimization and unfair treatment.

Background

Kishor Gulab Salve was appointed as a Bus Conductor in 2009 and sustained a significant injury in 2010, which resulted in a 45% disability as certified by Sir JJ Group of Hospitals. BEST accommodated his disability by assigning him clerical duties while retaining his conductor’s salary.

Complaint and Reassessment of Disability

In 2016, a complaint from a political leader questioned the validity of Salve's disability. Despite the existing certification, BEST directed Salve to undergo another medical evaluation, which increased his disability percentage to 69%. Based on this, BEST withdrew his clerical position, forcing him to resume duties as a Bus Conductor.

Absence and Dismissal

Salve's subsequent absence from work was due to administrative and personal reasons, including renewing his conductor's badge and caring for his ill wife. BEST initiated disciplinary proceedings for unauthorized absence, ultimately resulting in his dismissal.

Industrial Court’s Ruling

Salve appealed the dismissal, and the Industrial Court ruled in his favor, reinstating him with full back wages and benefits. The Court found that the disciplinary action was unjustly linked to the withdrawal of his disability accommodations and was an act of victimization.

High Court Judgment

BEST's appeal to the Bombay High Court was dismissed. Justice Sandeep V. Marne upheld the Industrial Court's decision, criticizing BEST for acting on a baseless political complaint and ignoring the valid disability certificate issued by a competent authority. The judgment emphasized the unlawful nature of withdrawing disability accommodations without proper authority.

Conclusion

The High Court's decision highlights the legal protections for employees with disabilities and reinforces the importance of fair treatment in the workplace, particularly when disability accommodations are involved. The case sets a precedent for similar disputes, ensuring that employers cannot arbitrarily alter or withdraw accommodations without just cause.