Jyoti Jayesh Tayade, a former security guard for the Municipal Corporation of Greater Mumbai, won a court case to receive back pay and get her job back after being unfairly fired due to a disability she got while working.
On August 12, 2009, Jyoti Tayade was in a motorcycle accident on her way to work at Mulund General Hospital. This accident caused serious injuries, resulting in a 55% permanent disability. Even though she faced difficulties, she was initially given easier duties, but was later considered unfit for her job as a security guard.
In July and August of 2013, Jyoti was asked to return her uniform and ID, which effectively ended her job. Upset by this decision, she appealed under the Person with Disability Act, 1995. The Commissioner for Persons with Disabilities decided in her favor on September 4, 2015, ordering her to be given her job back with all benefits.
"The termination of service was against the rules of Section 47 of the Act of 1995."
Although she got her job back in March 2018, Jyoti did not receive back pay for the time she was not working. Her lawyer argued that under Section 47 of the Act, she should be paid for the entire period, as her firing was against the law.
The court, led by Justices Suman Shyam and Manjusha Deshpande, ruled in Jyoti's favor, saying that:
"The employer must protect the interest of the employee who gets a disability while working."
The court ordered the Municipal Corporation to pay Jyoti her back wages and benefits for the time she was wrongly fired.
The Municipal Corporation must calculate and pay Jyoti's dues within three months. If they fail, an interest of 9% per year will be added.
This case shows how important it is to protect the rights of employees with disabilities and make sure they get fair treatment and payment.
This judgment is a significant win for Jyoti and sets an example for similar cases, emphasizing the mandatory nature of Section 47 and the protection it offers to employees who acquire disabilities during their service.
