Don’t terminate a disabled – Threatens Court

In a rare display of power, Madurai Bench High Court threatened the top brass of various State Transport Corporations for contempt of court if any worker approached the court with an appeal against the termination of employment caused by any disability.

This was in response to the case filed by P Varadharajan, who was working as driver with the State Express Transport Corporation since 1992, till his dismissal from service in 2000 as he had acquired vision defects during employment. After the medical board gave an opinion that he suffered from colour blindness and hence not fit to be a driver, he was discharged from service in September 2000.

P Varadharajan preferred a writ petition since there was no response to his repeated requests for alternative employment and the matter was heard before Justice Chandru. The judge was furious at the number of petitioners approaching the court for redressal of a similar plea while even the Supreme Court had left no ambiguity in its several judgments that employees who acquired disability in the course of employment are not to be terminated from service.

This what the judge quoted – ‘The transport corporation need not drive parties to this court to have their cases considered as if the law is unclear. ………. The corporation should immediately constitute a special cell relating to disabled workmen, comprising higher level officers to consider such grievances on day-to-day basis rather than making the workers to come to this court on each occasion and spend years together for getting relief, which is guaranteed to them under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This will avoid unnecessary hardship besides saving money for the workmen on costly litigation.’

After the quote, the transport corporations were quick to respond and immediately informed the court that the five-member special cell had been created as per court orders. Justice Chandru directed the officials to give wide publicity to the facility so that the workmen could utilise it.