Lawstreet Journal

Can’t remove or demote an employee in case of disability: High court

Lawstreet Journal 25 Aug 2020 10:48pm

Image courtesy: Lawstreet Journal Judiciary Can’t remove or demote an employee in case of disability: High court

The question of whether an employee can be terminated while on disability is a common concern, especially if there’s a chance the claimant’s impairment or illness may not be permanent but likely to persist into the indefinite future. Unfortunately, the answer can be complicated and sometimes difficult to understand for both disability claimants and employers.The Punjab and Haryana High Court has made it clear that an establishment cannot dispense with the services of an employee or reduce his rank in case he acquires disability while in job.

The ruling came as Justice Anupinder Singh Grewal rapped the Punjab Government for being “insensitive and indifferent to the plight of a challenged employee” before directing his reinstatement. “It is manifest that the respondents are being insensitive and indifferent to the plight of a challenged employee, which is anathema to a welfare state and contrary to the objective of the Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act,” Justice Grewal asserted. Section 47(1) of the Act has been referred, Justice Grewal asserted that in the event an employee was found to be unsuitable for the post he was holding, he was required to be shifted to some other post with the same pay scale and service benefits. If it was not possible to adjust the employee against any post, he could be kept on a supernumerary post until a suitable post was available or he attained the age of superannuation, whichever was earlier. The matter was brought to the High… Continue Reading...

Tagged: Punjab and Haryana High Court  
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