DNYANESHWAR LAVHAJI KALUKHE v. DIRECTOR (HUMAN RESOURCE ) MSEDC LTD. AND ORS.
High Court of Bombay, Bombay (Civil)
2025:BHC-AS:44011-DB
Discusses interpretation of beneficial legislation and the primacy of central legislation over company regulations.
Legal Discussion:
- The Constitution of India: The judgment invokes Article 226, stating that the petitioner invokes the jurisdiction of the Court under this Article to challenge the termination of his service.
- The Rights of Persons with Disabilities Act, 2016: The judgment extensively discusses the Act. It mentions that the present case is governed by the provisions of this Act. It reproduces the Preamble of the Act, emphasizing that it is a beneficial legislation that prioritizes and recognizes the benefits provided for under the Act. The judgment refers to Section 2, specifically defining "barrier", "discrimination", "Government establishment", "person with benchmark disability", "person with disability", and "specified disability". It discusses Chapter II, which deals with Rights and Entitlements, and Section 3(1), which ensures equality, dignity, and respect for persons with disabilities, and Section 3(2), which requires the Government to utilize the capacity of persons with disabilities. Section 20 of Chapter IV, dealing with Non-discrimination in employment, is discussed, including sub-section (1), which prohibits discrimination, and sub-section (2), which imposes an obligation to provide reasonable accommodation. Sub-section (3) ordains that no promotion shall be denied merely on the ground of disability. The second proviso to sub-section (4) of Section 20 is mentioned, stipulating that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post. Section 21, which provides for equal opportunity policy, and sub-section (1), which requires every establishment to notify equal opportunity policy, are also mentioned. The judgment states that the stand of the respondents is "anathema to the benevolent object for which the Disabilities Act, 2016 is enacted".
- The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: The judgment refers to this Act, stating that prior to the enactment of the 2016 Act, the issue of providing equal opportunities and protection of rights to persons with disabilities was covered under the 1995 Act. Section 47 of the 1995 Act under Chapter VII, with the heading "non-discrimination", is discussed, providing that there shall be no discrimination in Government employment. The judgment quotes Section 47(1), which states that "No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service." The judgment also refers to a Supreme Court decision, Kunal Singh Vs. Union of India, which considered the provisions of Section 47 of the 1995 Act.
- MSEDCL Employees Service Regulation, 2005: The judgment refers to Regulation 17 of the MSEDCL Employees Service Regulation, 2005, which deals with the termination of services of an employee declared medically unfit. It quotes Note 1(ii) of Regulation 17, stating that "in case such an employee is declared permanently medically unfit to continue in the service of the Company, his services shall be terminated after giving him notice as prescribed under Regulation No.24 hereinafter." Regulation 24 is also quoted: "The services of an employee of the Company are liable to be terminated by the Competent Authority, with a notice in writing or with salary in lieu of the notice period as prescribed below..." The judgment concludes that the Central legislation (Disabilities Act, 2016) shall prevail over the regulations framed by the MSEDCL.
- General Principles of Law: The judgment discusses the principle that beneficial legislations should be interpreted in a way that advances their object and purpose. It also touches upon the principle that central legislation prevails over regulations framed by a company.
List of Laws: The Constitution of India; The Rights of Persons with Disabilities Act, 2016; The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; MSEDCL Employees Service Regulation, 2005; General Principles of Law