ORIENTAL INSURANCE COMPANY LTD Vs. STATE

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, petitioner/employer questions the order passed by the Chief Commissioner for Persons with Disabilities dated 20.9.2013 whereby the Chief Commissioner passed the following directions: -

(2.) COUNSEL for the petitioner relies upon a recent judgment of the Supreme Court in the case of State Bank of Patiala and Ors. Vs. Vinesh Kumar Bhasin, 2010 4 SCC 368 in which the Supreme Court has held that the Chief Commissioner acting under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has no power to issue various directions in the nature of a judgment or injunction etc. The Supreme Court in the case of Vinesh Kumar Bhasin has relied upon the earlier judgment of the Supreme Court in the case of All India Indian Overseas Bank SC and ST Employees Welfare Assn. and Ors. Vs. Union of India and Ors., 1996 6 SCC 606 wherein the Supreme Court has said that a Commission's power is restricted as per the particular provision and the Commission cannot act like a court and start passing judgments, issuing injunctions etc. The relevant paras of the judgment in the case of Vinesh Kumar Bhasin read as under: -

(3.) THEREFORE , in view of the settled law laid down in the judgment in the case of Vinesh Kumar Bhasin , the respondent no.1 herein being the Chief Commissioner for Persons with Disabilities had no power to pass the impugned order by passing directions which have been reproduced above.