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Ongc Ltd vs Petroleum Coal Labour Union & Ors on 17 April, 2015

5 of 15 ::: Downloaded on - 30-12-2025 00:59:37 ::: CWP-12356-2024 (O&M) 6 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.
Supreme Court of India Cites 46 - Cited by 91 - V G Gowda - Full Document
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