Lawstreet Journal

"BMC has Shown its Inhuman Face"; Bombay High Court Directs to Pay Lockdown Salary Dues to Physically Disabled Employees [READ ORDER]

Lawstreet Journal 30 Oct 2020 10:17pm

Image courtesy: Lawstreet Journal Judiciary "BMC has Shown its Inhuman Face"; Bombay High Court Directs to Pay Lockdown Salary Dues to Physically Disabled Employees [READ ORDER]

In a relief to visually impaired employees of the Brihanmumbai Municipal Corporation (BMC) who were not paid salaries during the Covid-19 lockdown despite an exemption, the Bombay High Court on Wednesday (October 28, 2020) directed the civic body to compensate the affected workers and clear the arrears in two installments. The court also held that the civic body’s decision not to pay salaries to the visually impaired employees for not attending work due to the pandemic was “illegal”.

A division bench of Chief Justice Dipankar Datta and Justice Girish S Kulkarni passed a ruling on public interest litigation (PIL) filed by the National Association for the Blind (NAB) on behalf of nearly 250 visually impaired civic employees. The bench noted the BMC was responsible for its employees and was bound to pay them salaries though they could not attend duty due to no fault of theirs.

Advocate Uday Warunjikar, appearing for NAB, had submitted the central and state governments had issued notices on March 27 and April 21, respectively, asking all government and local authorities to exempt persons with disabilities from essential service duty during the pandemic and treat their absence as special leave without loss of pay.

In its plea, the NAB said the BMC issued a circular on May 25 stating its disabled employees are given leave, as permitted under the Municipal Services Act, but as under the Act, if these employees have used up sanctioned leaves, they would not get a salary if they do not report to work. The… Continue Reading...


Tagged: Bombay High Court  
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