Employer has to prove the administrative exigency for transfer of differently abled person: Delhi HC

Employer has to prove the administrative exigency for transfer of differently abled person

Delhi High Court in Ircon International Ltd. vs. Bhavneet Singh CM No. 9793/2024, On July 18, 2024, set aside the order transferring the differently abled employee because of interpersonal problems with co-workers observed that when a transfer order is passed concerning a differently abled person, the burden to prove that it was triggered due to administrative exigencies or constraints would be on the employer. The Court further noted that if the terms and conditions of the employment contract executed between an employer and a differently-abled person are found to be inconsistent with the provisions of the Rights of Persons with Disabilities Act, 2016, the latter would prevail.

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