VIJAY NAMDEORAO BALAPURE Vs. VICE-PRESIDENT AND DIVISIONAL DIRECTOR, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION AND ORS.

JUDGEMENT

(1.) HEARD . Rule. Rule made returnable forthwith. By consent of the parties, heard finally.

(2.) BY this petition, the petitioner who was working as driver with respondents is praying for directing the respondents to pay all his back wages from the date of termination and for directing the respondents to provide him alternate job on the post of peon or security guard in view of the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 ("Act of 1995" for the sake of brevity).

(3.) RESPONDENTS No. 1 and 2 resisted the claim of the petitioner by contending that as per Resolution of the Corporation dated 20.6.2012, an employee who suffered colour blindness or who is declared medically unfit is entitled for alternate employment of security guard but the petitioner could not be provided with alternate job as the Civil Surgeon has not certified that the petitioner suffered from colour blindness. Respondents No. 1 and 2 further contended that as per Circular No. 8/2008, if an employee suffers disability because of accident caused while on duty he can be provided with alternate job on top priority by taking him on waiting list. According to the respondents, the Act of 1995 is not applicable and the petitioner is not suffering from colour blindness.