In a recent case, the Andhra Pradesh High Court allowed payment of wages to a workman from the date he suffered from disability during course of employment till he was provided an alternative employment under Section 47 of Persons with Disabilities (Equal opportunities, Protection of Rights and Full participation) Act, 1995.

"Section 47 itself provides for grant of alternative employment to a disabled employee or on equivalent posts carrying the same pay scale and not to oust such employee from the service."

Brief Facts of the Case

The Petitioner was appointed as a casual conductor in the Andhra Pradesh Road Transport Corporation in 1984. While he was on duty, he met with an accident and was hospitalized in Nizam's Institute of Medical Sciences (NIMS) and in operation of spinal cord, his two discs were removed.

The Corporation retired the petitioner from service on medical ground vide order in 2001. The Petitioner made several representations for alternative employment but the Corporation paid no heed.

The petitioner filed a case before the Disabled Welfare & State Commissioner under Persons with Disabilities (Equal opportunities, Protection of Rights and Full participation) Act, 1995 in which the Commissioner in 2006 directed the Corporation to consider petitioner's claim in light of Section 47 of the 1995 Act. As a consequence, the petitioner's services were utilized at bus pass station from 2007. The petitioner requested the Corporation for payment of wages for the...

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