Court Order

Court orders payment of back wages

The Supreme Court has asked society to be more sensitive and considerate towards the disabled and held that giving them their legal rights is not charity.

A bench comprising justices G.P. Mathur and Aftab Alam while directing Punjab State Electricity Board to reinstate Bhagwandas, a lineman who became blind while in service, with full back wages, noted “we understand that the offices concerned were acting in what they believed to be the best interest of the Board.

Under the old mindset, it would appear to them just not right that the Board should stand good money on someone who was no longer of any use but they were quite wrong, seeing from any angle. From the narrow point of view, the officers were duty bound to follow the law and it was not open to them to allow their bias to defeat the lawful rights of the disabled employee.

From the larger point of view, the officers failed to realize that the disabled too are equal citizens of the country and have as much share in its resources as any other citizen. The denial of their rights would not only be unjust and unfair to them and their families but would create larger and graver problems for the society at large. What the law permits to them is no charity or largesse but their rights as equal citizens of the country.”

Justice Aftab Alam, writing the 14–page judgment for the Bench, also imposed a cost of Rs 500 on the Board and directed the reinstatement of Bhagwandas within six weeks with all back wages and benefits.

Bhagwandas had joined the Board in July 19, 1977 and was made a lineman on June 16, 1981. He lost his sight on January 17, 1994.

A disabled person is protected and safeguarded, if he acquires disability during his service, by section 47 of Persons with Disability (equal) opportunities, protection of rights and full participation) act, 1995.

Source: Giving legal right to disabled no charity: SC, National Herald, 15–January–2008.

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Incentive to employers

The Cabinet Committee on Economic Affairs cleared a scheme under which incentives will be given to the employers providing jobs to the disabled. This is in pursuance of the National Policy for Persons with Disabilities that was adopted in 2006.

The incentives will be in the form of payment by the government to the employers' contribution to the Employees Provident Fund and the Employees State Insurance for the first three years for their employees covered under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act and the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act.

The scheme will be available only to those appointed after the date of the sanction of the scheme. Also, the employers will have to continue to bear the administrative charges of 1.1 per cent of the wages of the employees covered under the Employment Provident Fund and Miscellaneous Provisions Act.

The Ministry of Social Justice and Empowerment will give lump sum funds to the Employees Provident Fund Organization and the Employees State Insurance Corporation as an advance, which will be later adjusted against individual claims received from the employers. The amount will be replenished periodically. Initially, the two organizations will be provided Rs. 5 crore each, and in case there is a need for more, the amount will be enhanced.

A high–level committee, co–chaired by the Secretaries of the Ministry of Labour and Employment and the Ministry of Social Justice and Empowerment, will monitor the implementation of the scheme. The Chief Provident Fund Commissioner and the Commissioner of the Employees State Insurance Corporation will be part of the panel as members.

The CCEA also cleared an outlay of Rs. 1,800 crore for the scheme for the current Plan period. The scheme envisages creation of one lakh jobs for the disabled a year. It will be a centrally sponsored scheme. It will be open to companies in the organized sector. It will be applicable to employees with wages up to Rs. 25,000 a month.

Chaired by Prime Minister Manmohan Singh, the CCEA also approved revision in the criteria under the Kasturba Gandhi Balika Vidyalaya scheme. Under the new criteria, for the rural areas, administrative blocks where the female literacy rate is below 30 per cent will qualify as educationally backward blocks. For the urban areas, out of the 338 towns and cities identified by the Ministry of Minority Affairs, 94 towns and cities with a female literacy rate below the national average of 53.76 per cent will qualify for the scheme.

Source: CCEA clears scheme to promote jobs for disabled, The Hindu, Chennai, 18 January 2008.

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