Case Note & Summary
The petitioner, Ashok Dhondu Ahire, was appointed as a Peon on 28/04/1981 and later worked as a Messenger. By letter dated 22/09/1987, the Board of Referees from J.J. Ophthalmic Hospital, Bombay, declared him unfit due to a defect in his left eye. Despite this, he continued working. On 26/02/1990, the respondent terminated his services relying on the 1987 letter. The petitioner challenged the termination before the Labour Court in Complaint (ULP) No.155/1990, which was dismissed on 23/04/1999. The Labour Court also directed recovery of 75% wages paid under an interim order. The Industrial Court dismissed his revision on 05/08/2004. The petitioner then filed the present writ petition. The High Court considered the applicability of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, which came into force on 07/02/1996. The court held that the termination based on a pre-Act medical report was invalid, as the Act protects employees who acquire disability during service. The employer should have considered alternative employment before termination. The court set aside the orders of the Labour Court and Industrial Court, allowed the writ petition, and directed the respondents to treat the petitioner as having continued in service until his death on 04/01/2015, with consequential benefits to his legal heirs.
Headnote
A) Persons with Disabilities Act, 1995 - Section 47 - Termination of Employment - Medical Report Pre-dating Act - The termination of an employee based on a medical report issued in 1987, prior to the commencement of the Act in 1995, is invalid as the Act applies to continuing employment relationships. The employer must consider alternative employment before terminating an employee who acquires a disability during service. (Paras 4-8) B) Persons with Disabilities Act, 1995 - Section 47 - Retrospective Application - Continuing Employment - The Act of 1995 applies retrospectively to employees who were in service at the time of its commencement, as the disability acquired earlier continues. The employer cannot rely on a pre-Act medical report to terminate after the Act came into force. (Paras 4-8) C) Labour Law - Unfair Labour Practice - Complaint (ULP) - The Labour Court and Industrial Court erred in dismissing the complaint and revision, as they failed to consider the applicability of the Persons with Disabilities Act, 1995. The termination was held to be an unfair labour practice. (Paras 2-3, 8)
Issue of Consideration
Whether the termination of an employee based on a medical report issued before the commencement of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, is valid, and whether the employee is entitled to protection under Section 47 of the said Act.
Final Decision
The High Court allowed the writ petition, set aside the orders of the Labour Court and Industrial Court, and directed the respondents to treat the petitioner as having continued in service until his death on 04/01/2015, with consequential benefits to his legal heirs.
Law Points
- Termination based on pre-Act medical report invalid
- Persons with Disabilities Act 1995 applies retrospectively for continuing employment
- Employer must consider alternative employment before termination
- Section 47 of the Act of 1995 protects employees acquiring disability during service
