DALCO ENGINEERING PVT. LTD. vs SATISH PRABHAKAR PADHYE

The Supreme Court held that under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, an establishment cannot terminate an employee who acquires a disability during employment. The Court upheld the High Court's decision to reinstate the employee, S.P. Padhye, with full back-wages, emphasizing that the appellant company qualifies as an 'establishment' under Section 2(k) of the Act. In contrast, the Court found that the Trust's appeal was dismissed as the third respondent was not deemed an 'establishment', thus the provisions of the Act did not apply, and the earlier decision was considered per incuriam due to conflicting precedents.