Quick Summary: Dnyaneshwar Lavhaji Kalukhe, a former Junior Clerk at Maharashtra State Electricity Distribution Company Ltd (MSEDCL), was fired due to health issues. The Bombay High Court, led by Judges M.S. Karnik and N.R. Borkar, ruled in favor of Kalukhe, ordering his return to work and payment of missed wages, citing violations of disability rights.
Dnyaneshwar Kalukhe, aged 44, started working as a Junior Clerk with MSEDCL in 2003. In 2018, he had a serious health problem and was diagnosed with a brain disease. After surgeries and treatments, doctors said he could do light work.
Kalukhe's return to work was delayed because of repeated medical check-ups. Even though he was cleared for light work, he was fired in April 2023, with the dismissal backdated to June 2022, based on a report saying he couldn't communicate well due to a stroke.
"He is fit for light duty not involving verbal communication," stated Dr. S. Jayaram.
Kalukhe fought his firing under a law that allows people to challenge government actions. The court found his firing broke the law that protects employees who become disabled while working.
"No company shall fire or demote an employee who becomes disabled while working," the court stressed.
The judges told MSEDCL to give Kalukhe his job back, pay him the salary he missed, and consider him for an extra position if no suitable job is available. The court criticized the repeated medical tests and suggested changes in how companies handle employees with disabilities.
The court decided that MSEDCL must reinstate Kalukhe and compensate him for the wages he missed. This decision highlights the importance of protecting the rights of employees with disabilities, ensuring they are treated fairly and given equal opportunities.
