Sir, I'm working in Food Corporation of India.. I'm a Physically Challenged person with 40% disability. We got 1650rs handicap allowance from joining.. but In wage revision January 2017 they stopped that allowance and also deducted a huge amount from my arrears..previously I worked in a private company there also i got around 2000 rs for extra PH allowance.. is there any circular for this allowance ??
1. Can I file a case against my court consider my request for giving this stopped allowance??
2. Can I request the court to giving back my deducted amount from the arrears?? Please guide...
Greetings!
The Rights of Persons with Disabilities Act, 2016 directly applies to you other than general labor law statutes; which apply to every employee. As the Act specifically identifies persons with at least 40% of a disability (referred to as ‘persons with benchmark disabilities’) are entitled to certain benefits under the Act.
According to the Act, a person with benchmark disabilities is entitled to equal pay and equal opportunity as a layperson. If the Company has violated your rights by way of failing to comply with the Act, you can move to the Supreme Court of India to enforce your rights. the company can be fined up to INR 10,000 for the first time, and between INR 50,000 and INR five lakhs for subsequent failures. Further, if it is established that the offense was committed with the consent, or is attributable to the negligence of directors, officers and managers of a company, both the company and such individual can be held responsible. And will be individually liable.
Regards,
Kawmini Liyanage
