establishment shall dispense with or reduce in rank, an employee who acquires a disability ... during his or her service: Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted
centered on the scope of application of definition of
disability, Persons with disability and acquired disability as
enumerated in Section 2 and its application ... serving employee in an
establishment who acquires a disability during such
service. When such disability was acquired by him
during his service, the Parliament thought
centered on the scope of application of definition of
disability, Persons with disability and acquired disability as
enumerated in Section 2 and its application ... serving employee in an
establishment who acquires a disability during such
service. When such disability was acquired by him
during his service, the Parliament thought
disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted ... Participation) Act, 1995 , is to protect such of those persons, who acquired disability in service, with pay protection and service benefits.
27. It is also
disability during his service;
Provided that, if an employee, after acquiring
disability is not suitable for the post he was holding,
could be shifted ... establishment shall dispense with,
or reduce in rank an employee, who acquires disability
during his service, and if such employee, after acquiring
disability
disability during his service:
Provided that, if any employee, after acquiring disability is not
suitable for the post he was holding, could be shifted ... acquired disability during his service and the extent of his
disability has been assessed at 40 to 70 percent. The disability Certificate
issued from
acquires a disability during his service. It is not in dispute that the disability alleged by the petitioner has been acquired during service. The relevant ... disability" means inter alia "locomotor disability". "Locomotor disability" has been further defined in Section 2(o) to mean disability
disability during the course of his
employment. An employee who acquires disability during his
service is entitled to be protected under Section ... disability during his
service;
Provided that, if an employee, after acquiring disability is
not suitable for the post he was holding, could be shifted
disability during his
service: Provided that, if an employee, after acquiring
disability is not suitable for the post he was holding,
could be shifted ... earlier."
7. It is an admitted fact that the applicant acquired disability
while in service. It is also undisputed that right from
years
for those workmen (who were initially posted as driver who
acquired disability and declared medically unfit for the post of
drivers prior to attaining ... Disability Act?
12. Admittedly, the applicants had joined the
Corporation as Drivers but after attaining disabilities
within the meaning of Section 2 of the Disability
