Termination of service on acquiring disability during employment is prohibited

Bombay High Court Upholds Rights of Disabled Employees; Orders Compensation for Wrongful Termination. Landmark Judgment Reinforces Protections under the Persons with Disabilities Act, 1995

In a significant ruling, the Bombay High Court has underscored the rights of employees acquiring disabilities during their tenure, mandating the Municipal Corporation of Greater Mumbai to compensate Smt. Jyoti Jayesh Tayade for wrongful termination. The Division Bench, comprising Justices Suman Shyam and Manjusha Deshpande, adjudicated the matter in favor of Tayade, who was terminated following an accident that resulted in a permanent disability.

The court's decision, dated October 17, 2025, hinges on Section 47 of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This provision prohibits the termination or rank reduction of employees acquiring disabilities during service. It obligates employers to offer alternative or supernumerary positions until a suitable vacancy arises or the employee reaches superannuation.

Smt. Tayade, employed as a Security Guard by the Municipal Corporation, suffered debilitating injuries in a vehicular accident en route to her duty at Mulund General Hospital in 2009. Despite the medical board's certification of a 55% permanent disability, the Corporation terminated her service in 2013. Subsequently, Tayade appealed against this decision, resulting in her reinstatement in 2015 following a directive from the Commissioner for Persons with Disabilities.

The crux of Tayade's writ petition was the claim for unpaid wages during the period of illegal termination. The court categorically rejected the "no work, no pay" argument presented by the Corporation, affirming that the statutory protections under Section 47 override such principles. As per the judgment, Tayade is entitled to her salary and allowances for the duration she was wrongfully dismissed, reflecting the mandatory nature of the provisions aimed at safeguarding disabled employees.

The decision draws from precedents set by the Supreme Court, emphasizing the legislative intent to protect employees acquiring disabilities and ensure their job security. The court directed the Municipal Corporation to compute and disburse the arrears within three months, failing which a 9% interest per annum would be applicable.

This ruling serves as a pivotal affirmation of the rights of disabled employees, ensuring they receive due protection and compensation under the law. It reinforces the mandatory obligations of employers towards employees who acquire disabilities, promoting equitable treatment and full participation in the workforce.

Bottom Line:

Termination of service on acquiring disability during employment is prohibited - Employer must provide alternative post or supernumerary post till suitable vacancy or superannuation - Employees acquiring disability are entitled to unpaid salary and allowances during the period of illegal termination.

Statutory provision(s): Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47

Smt. Jyoti Jayesh Tayade v. Commissioner Municipal Corporation of Greater Mumbai, (Bombay)(DB) : Law Finder Doc Id # 2796247