ups_01117 — In the event of acquiring disability during service, if the employee is not suitable to do the work he was doing, he must be put on another duty if necessary, even by creating supernumerary posts

In the event of acquiring disability during service, if the employee is not suitable to do the work he was doing, he must be put on another duty if necessary, even by creating supernumerary posts — Context: The chunk discusses a case where an employee named James, who suffered permanent disability while on duty, was not rehabilitated by his employer despite statutory mandates. The chunk also me... — Facts: The Applicants are the widow and daughter respectively of late P.C. James, who was Workman, Grade-III under the Respondents. On 16-8-2005, the said James was electrocuted and suffered serious burn injuries with 100% physical disability. His left leg below knee and the right forefoot were amputated. On 12-9-2019, he died in hospital. The company had paid him salary only up to 31-12-2007. Thereafter, neither the salary was paid nor any certificate of termination was issued. Workmen's compensation for an amount of ₹ 4,21,296 was paid. The company did not extend him any rehabilitation measures under the Physical Disabilities Act. The Applicants have approached this Tribunal seeking a direction to the Respondent company to pay the salary arrears, gratuity and other benefits under the provisions of the Persons with Disabilities Act, 1995, at the earliest. Respondents filed reply that James was a permanent employee of the company. After the accident, entire treatment expenses were met by the company, that the entire cost of artificial limb were also borne by them. The company also granted him salary as a special case till 31-12-2007 even though he had not attended duty after the accident on 16-8-2005. He was also paid compensation of ₹ 4,21,296 under the Workmen's Compensation Act. Later, accepting the application, full amount outstanding in his credit was disbursed in settlement from his Provident Fund account. The first Applicant had accepted the benefits without any demur.