Salary of disabled employee suffered during employment cannot be adversely impacted: Karnataka HC

Salary of disabled employee suffered during employment cannot be adversely impacted

Karnataka High Court in M.B. Jayadevaiah vs. The Managing Director BMTC, Central Offices WP(C) No. 31943/2014, observed that if the employee had suffered injuries in the course of employment due to which he is disabled, the said person is eligible to seek protection under Section 47 (applicable on government establishments) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (which has now been repealed and replaced by the Rights of Persons with Disabilities Act, 2016) which provides that merely because a person suffers from disability, he/she shall not be reduced in rank but can only be shifted to another post subject to the pay-scale and the service benefit that he/she was entitled to as on that date being protected.

Also read: Minimum wages claim is not the dispute under ID Act: Karnataka HC

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