HC: Can't fire man for low efficiency due to disability
MUMBAI, Oct. 12 -- The Bombay High Court directed the Maharashtra State Electricity Distribution Company Ltd (MSEDCL) to reinstate a clerk who had been let go after a brain surgery allegedly affected his ability to work efficiently. The court held that no employee can be terminated if a disability suffered during their employment has affected their ability to work. A division bench of justices MS Karnik and NR Borkar held that the MSEDCL's actions were against the "benevolent objective" of the Disabilities Act. The court ordered MSEDCL to reinstate the clerk, Dnyaneshwar Kalukhe, 45, whose services had been terminated after a brain surgery affected his ability to communicate verbally. The court has given MSEDCL four weeks to pay him arrears of his salary.
In April 2023 Kalukhe had approached the court questioning his dismissal from MSEDCL. Kalukhe had been working for MSEDCL since 2003.
In 2018 he underwent brain surgery and by November 2019 he got a fitness certificate from his doctor.
The MSEDCL then made him go through several medical exams and let him go when a the medical board said he was "unfit for duty due to inability to communicate with verbal commands".
The MSEDCL claimed that as per their rules they could terminate a medically unfit employee. However, the court rejected the electricity supplier's justifications and said that their regulations could not override the mandate of the Disabilities Act....
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