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1 - 10 of 16 (0.39 seconds)The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995
Article 21 in Constitution of India [Constitution]
Section 56 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Article 309 in Constitution of India [Constitution]
Section 33 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Section 34 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Section 35 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Section 37 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Ongc Ltd vs Petroleum Coal Labour Union & Ors on 17 April, 2015
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CWP-12356-2024 (O&M)
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Submission is that under the Act of 1995 and Act of 2016, differently abled
persons constitute a homogeneous class and once certificate of disability is
issued to an employee by the certifying authority, it is not open for the state
to create a further class amongst the homogeneous group of differently abled
employees and restrict the benefit of conveyance allowance to some of them,
by forming a criteria, not recognized under the Special enactments. It is
contended that there is no valid ground or intelligible differentia to make
such a classification between similarly situated disabled persons, and the
same tantamounts to discrimination and is hit by Article 14 of the
Constitution of India. Reliance is placed on the judgment of the Hon'ble
Supreme Court of India in the case 'ONGC Limited vs Petroleum Coal
Labour Union and Others', (2015) 6 SCC 494, to contend that any 'policy
decision' which is not in conformity with a Special enactment, cannot be is
held as valid in law.