VidhiSangh

Supreme Court of India · 31/07/2025

CH. JOSEPH versus THE TELANGANA STATE ROAD TRANSPORT CORPORATION & OTHER

[2025] 8 S.C.R. 320 · 2025 INSC 920

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Summary

A state transport corporation driver found colour blind at a periodic medical examination was retired on medical grounds without being offered alternate employment. The Supreme Court held that Clause 14 of the 1979 Memorandum of Settlement under Section 12(3) of the Industrial Disputes Act, which promises an alternate job with pay protection to colour-blind drivers, remains binding and was not superseded by the 1986 settlement or internal circulars; that the Corporation made no effort to assess redeployment; and that reasonable accommodation of employees who acquire a disability in service is a constitutional and statutory imperative under Articles 14 and 21 even outside the statutory definition of disability.

Issues

  1. Whether the appellant's retirement on medical grounds for colour blindness, without offering alternative employment, is sustainable under the applicable service regulations and binding settlements.
  2. Whether Clause 14 of the Memorandum of Settlement dated 17.12.1979 under Section 12(3) of the Industrial Disputes Act, 1947 remains valid and enforceable despite the subsequent settlement of 22.12.1986 and internal administrative circulars.
  3. Whether the Corporation discharged its duty to make a bona fide assessment of alternative employment options for the appellant.
  4. Whether the High Court's reliance on A.P.S.R.T.C. v. B.S. Reddy was tenable when the appellant's rights arose independently under a binding industrial settlement.
  5. Whether an employee whose condition falls outside the statutory definition of disability is nonetheless entitled to reasonable accommodation before medical retirement.

Provisions considered

Held

Result

Appeal allowed; High Court judgment in W.A. No. 1343 of 2017 set aside; the Corporation directed to appoint the appellant to a suitable post consistent with his condition, on the same pay grade he held on 06.01.2016, within eight weeks of receipt of the order; the appellant entitled to 25% of arrears of salary, allowances and benefits from termination to reinstatement, with the intervening period counted as continuous service; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 8 S.C.R. 320.