Right to Livelihood - The Legal Chamber

This Supreme Court held that a binding Memorandum of Settlement under the Industrial Disputes Act, 1947, which specifically provided alternate employment for colour-blind drivers, created an enforceable statutory obligation on the employer. The subsequent settlement and internal circulars could not override this specific contractual right, and the Corporation's failure to explore redeployment violated principles of natural justice and statutory compliance. Facts Of The Case: The appellant was appointed as a driver by the Andhra Pradesh State Road Transport Corporation (APSRTC) in 2014. During a subsequent periodic medical examination, he was found to be colour blind and declared medically unfit to continue in his role as a driver. Following this, the appellant sought alternate employment...

The Supreme Court upheld the Gujarat High Court's order directing the release of a seized sonography machine, despite pending appeals under the PC & PNDT Act. The Court ruled that indefinite sealing of equipment is unjustified after the accused's acquittal, balancing investigative needs with the respondent's right to livelihood under Section 451 CrPC. It clarified that Section 29 of the Act does not mandate perpetual preservation of seized property during protracted litigation. The judgment emphasized pragmatic disposal of case property while safeguarding evidentiary interests through conditional data retrieval. Facts Of The Case: The case originated from a 2009 sting operation where respondent Dr. Kaushik Babulal Shah, a radiologist, was accused of violating the PC & PNDT Act by...

Tag: Right to Livelihood

Employers Must Accommodate: Supreme Court’s Landmark Ruling on Medical Disability & Jobs

Supreme Court Rules on Seized Sonography Machine: Order to Unseal Medical Equipment Despite Pending Appeal