Supreme Court rejects petition of Oriental Insurance Company to deny persons with disabilities reservation in promotion
In Oriental Insurance Company vs. Welfare Association of Persons with Disabilities, Disability Law Initiative represented Welfare Association in opposing the petition of Oriental Insurance Company, which sought denial of reservations in promotions to persons with disabilities employed by them. On 10th April 2017, the Apex Court rejected the Company’s petition, orally observing that the Welfare Association was fighting for a “good cause”.
Welfare Association had filed a public interest petition in the Allahabad High Court in 2010, bringing the Court’s attention to the fact that the Company was not implementing the 3% reservation for disabled employees as mandated by law. Specifically, the Company was not providing any reservation in promotion in Group A, B, C and D category posts and was not maintaining a reservation roster as required by Government rules. The High Court took note of the recent Supreme Court judgment in Rajeev Kumar Gupta vs. Union of India, and thereby allowed the plea of the Association by a final order and judgment in October 2016.
Rather than implementing the High Court order, the Company preferred an appeal petition before the Supreme Court. In rejecting the same, the Apex Court has once again confirmed that persons with disabilities require affirmative action in employment to compensate for their disadvantage.
Download the judgments in this case:
Allahabad High Court in re: Welfare Association
Supreme Court in re: Welfare Association