Case Note & Summary
The appellant, D.C. Chandrashekaraiah, was employed as a Conductor under the Karnataka State Road Transport Corporation (KSRTC) at Chickmagalur Division. After nearly 11 years of service, he was compulsorily retired on 07.03.2001 on the ground of surgical amputation of his leg due to which he could not perform his duties as a Conductor. The appellant challenged the compulsory retirement before the Industrial Tribunal, which upheld the retirement. He then filed a Writ Petition No.10744/2010 before the learned Single Judge of the Karnataka High Court, who partly allowed the petition, modifying the award of the Tribunal but still holding partly in favour of the appellant. Aggrieved, the appellant filed the present Writ Appeal under Section 4 of the Karnataka High Court Act. The Division Bench, comprising Chief Justice D.H. Waghela and Justice B.V. Nagarathna, heard the appeal. The Court noted that the appellant had suffered a disability due to amputation of his leg and that the employer had not considered providing alternative employment as required under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Court observed that the Industrial Tribunal and the learned Single Judge had erred in not applying the provisions of the Act. The Court held that the compulsory retirement was illegal and set aside the same. The Court directed the respondent to reinstate the appellant with continuity of service and back wages from the date of compulsory retirement till reinstatement. The appeal was allowed accordingly.
Headnote
A) Service Law - Compulsory Retirement - Disability - Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Employer's Duty - The appellant, a Conductor with KSRTC, was compulsorily retired on 07.03.2001 due to surgical amputation of his leg. The Industrial Tribunal and Single Judge upheld the retirement, but the Division Bench held that the employer failed to consider alternative employment as mandated by Section 47 of the Act. The Court set aside the compulsory retirement and directed reinstatement with continuity of service and back wages. (Paras 1-5)
Issue of Consideration
Whether the compulsory retirement of a workman on ground of physical disability due to surgical amputation of leg is valid without considering alternative employment under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995?
Final Decision
Writ Appeal allowed. The order dated 13.08.2010 in Writ Petition No.10744/2010 and the award of the Industrial Tribunal are set aside. The respondent is directed to reinstate the appellant with continuity of service and back wages from the date of compulsory retirement till reinstatement.
Law Points
- Compulsory retirement of disabled employee without considering alternative employment is illegal
- Section 47 of Persons with Disabilities Act
- 1995 mandates employer to provide alternative employment
- Industrial Tribunal and Single Judge erred in not applying Section 47
- Workman entitled to reinstatement with continuity of service and back wages
