
The Punjab & Haryana High Court recently made a ruling regarding compensation for employees who suffer disabilities while on duty. The court stated that such employees are entitled to compensation without any adjustment against their salary up to the supernumerary period or until alternative employment becomes available.
The case involved a writ petition filed by Sant Kumar, who sought immediate and adequate compensation from the General Manager of Northern Indian Railways after becoming permanently disabled due to an accident while working as a pointsman. The petitioner claimed to have suffered 90% disability and was offered an alternative post in February 2023, resulting in a supernumerary period until January 2023. However, the salary received during this period was adjusted against the compensation payable under the Employees Compensation Employees Act, 1923.
The court deliberated on whether the petitioner should receive compensation under the 1923 Act along with salary until the supernumerary period, or if the pay should be adjusted against the compensation payable under the 1923 Act, as argued by the respondent. The court noted that the Railway Board had clarified that a medically de-categorized railway servant should be entitled to pay scale and service benefits until the availability of an alternative post. If an employee does not accept the alternative post, they would not be entitled to regular pay scale and service benefits.
The court emphasized that the petitioner was protected by Section 20 of the Rights of Persons with Disabilities Act, 2016, which prohibits discrimination against individuals with disabilities in matters relating to employment. The court further stated that both the 1923 Act and the 2016 Act are pieces of beneficial legislation aimed at protecting the livelihood and dignity of employees and their families.
The court found that the respondent had adjusted the salary against the compensation payable under the 1923 Act, despite its rules seeming to be contrary to the provisions of both the 1923 Act and the 2016 Act. The court clarified that rules cannot supplant statutory provisions and cannot be contrary to the mandate of the act.
Consequently, the court directed the General Manager to release the compensation payable under the 1923 Act, thereby disposing of the writ petition.
In conclusion, the Punjab & Haryana High Court ruled that employees who suffer disabilities while on duty are entitled to compensation without any adjustment against their salary up to the supernumerary period or until alternative employment becomes available. The court emphasized the importance of protecting the livelihood and dignity of employees with disabilities and stated that rules cannot contradict the provisions of the relevant acts. As a result, the court directed the General Manager to release the compensation payable under the 1923 Act.
It is matter of satisfaction that Indian Law always go through meticulously in each and every case law. The law of our country never goes against natural law of justice.
Especially considerable the matter of sufferer employee or labour, always get decision in their favour, subject to genuine cases.
In above referred case the Hon’ble court emphasized the importance of protecting the livelihood and dignity of employees with disabilities and stated that rules cannot contradict the provisions of the relevant acts. As a result, the court directed the General Manager to release the compensation payable under the 1923 Act.