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RAMANARAYANAN.G   22 March 2008 at 00:24

MEDICAL LEAVE-IS PRIOR APPROVAL NECESSARY?

Sir,
One of my friend who is working in a qasi Kerala Govt. undertaking in a Managerial post where the Kerala Service Rules (KSR)is made applicable is suffering from ilness of accute back and joint pains due to Osteophytosis and Lumbar Canal stenosis for the last more than 8 years.
He is undergoing medical treatment(both Allopathy&Ayurveda)every year regularly after taking the leave in his credit as well as on loss of pay for nearly 2 Months each.He used to take leave only when it becomes impossible for him to attend any further office duties due to severe pain.There are clear medical records and Laboratory test reports(including scanning report) stating the details of the above illness.
As in previous years he submitted proper application for 2 months medical leave from 10-03-2008 out of the eligible leave in his credit along with proper Medical certificate from the consulting Doctor.He
went for treatment without waiting for the approval of the same by the Managing Director,as it had become impossible for him to attend his official duties any further due to severe pain.
Now it is informed through registered notice from the company that the leave has not been granted and unless rejoined for duties immediately it will be considered as Unauthoried Absence which may attract legal action including termination from the service without further notice.It is also informed by the company that his salary will be withheld for the period of absence even though there is sufficient eligible leave in
his credit.
Now,he is undergoing medical treatment and not in a position to join for duties immediately without completing the treatment.I is therefore requested to kindly provide valued openion as to whether:
1.Prior sanction is a must for availing leave on medical ground or is it sufficient that proper leave application along with medical certificate is submitted?
2.Whether the company is justified to insist for rejoing when one is undergoing treatment and not in a position to join for duty?
3.Whether the company is justified in treating the period of leave as unauthorised absence and withhold eligible salary even though proper
leave application alongwith medical certificate from approved Phusician
is submitted in advance?
4.Whether the company can terminate him from the service on the ground that he has not rejoind for duties after discontinuing the medical treatment?
5.Whether the company can prevent him from rejoing for duties after completion of the treatment on the reason that he has not joined for duties as per the notice from the company?
6.what are the recourses open to him in case the company proceeds to withhold is salary or terminate him from service without any notice?
7.Can any employer deny leave applied by an employee genuinely on medical Ground?
In this context it is to be noted that there are cases in the company itself where leave on medical and other grounds have been granted to certain employees without following any of the basic norms of leave sanctioning even without medical certificate or proper leave application.

I am anticipating a detaild expert openion in this respect at the earliest.

RAMANARAYANAN.G

tilak   21 March 2008 at 19:50

service agreement signed by company

hi,
i have signed service agreement with a company to work for 3 years(or pay 6 lakhs due to an overseas training).but the agreement is signed on company letter head and not on any legal or stamp paper.
after working for 10 months i want to leave the company b'coz i need to work in shifts which i was not told earlier during joining and it is seriously affecting my health and my social life.the work which i am currently into is totally different from my education background which make me feel uninterested towards it.i also got a better oppurtunity from another company .
Please suggest me what to do b'coz i am in a great problem

rameshkumar   21 March 2008 at 19:46

sarfaesi act

whether possession notice and sale notice can be published in a same day and is there any time limit is prescribed bet ween both in the concerned act?

Gururja Rao   21 March 2008 at 17:54

evidence act

Hi.all
I want to know what is the evidentiary value of voice recorder on mobile phone , when recorded while conversation going on from land line to mobile,and is it admissible in evidence, if yes can u provide me any case laws in such circumstances.

Gururja Rao   21 March 2008 at 14:25

Mutation - Powers of MRO( Tahasildar)

Hi, all
While disposing of petition for mutation of the respective shares in the property viz agricultural lands, whether the MRO(Thasildar) has got powers to decide the title and extent of shares by altering, modyfying or allottting certain extent of land of one co-owner to other? what is the provision of law which empowers the MRO while deciding the mutation proceedings in Andhrapradesh. Please help me, it is very urgent.

MOHANRAJ   21 March 2008 at 11:41

SHARE MARKET (2)

I have lost everything in this business. Actually I dont have any asset or proprty. I am now in a worst financial condition ( bankrutcy). What the broker will do with that blank cheque even if it is against the sebi conditions ? What legal action should I have taken ? I am surviving with my wife and 2 children studying their college course.

Gururja Rao   21 March 2008 at 10:51

sub-lease of commercial premises


Hi all.
I am Gururaj, I am the owner of a premises situated at Hyderabad, and I let out the same in the year 2001 to one Trinetra supermarket pvt ltd co.,under a registered lease deed for a period of 10 years,and as per clause 14 of lease deed the lessee is at liberty to hand over the business to any of its associates who are in similar business and that the lessors shall not make any objections or hindrances for the same, but the said Trinetra supermarket continued its business for seven years and all of a sudden it sold entire business to one "MORE SUPER MARKET Company" without intimation to lessor,now I want to Know what is the locus standi of the More supermarket co,.to continue its business under the earliar lease agreement and can it be possible to terminate the lease before expiry period? and further what I need to do to safe guard my interest as lessor, please help me its very urgent

alex   21 March 2008 at 00:53

RBI REGULATION

HI ALL

I NEED AN ADVISE

WE ARE A SMALL LOGISTICS FIRM INVOLVE IN FREIGHT BOOKING THRU SEA PORT
WE INTEND OPENING OFFICE IN SINAGAPORE HONGKONG
CAN WE OPEN A PVT LTD FIRM WITH INDIAN DIRECTOR/S
DO WE NEED TO FOLLOW ANY RBI GUIDELINES
OR WILL WE COMMIT ANY OFFENCE IF WE OPEN A FIRM ABROAD WITHOUT ANY RBI PROCEDUREBEING FOLLOWE
I ASK U ALL THIS QUESTION COZ IN HAVE NO IDEA ABT IT
PL ENLIGHTEN ME

REGARDS

Member (Account Deleted)   20 March 2008 at 23:28

Prescription.

Dear Sir,

I like to know when a prescriptive right accrues in favour of a lessee in India (or Assam)? Is it twenty years or twelve years?

Gururja Rao   20 March 2008 at 23:03

lease agreement

Hi all.
I am Gururaj, I am the owner of a premises situated at Hyderabad, and I let out the same in the year 2001 to one Trinetra supermarket pvt ltd co.,under a registered lease deed for a period of 10 years,and as per clause 14 of lease deed the lessee is at liberty to hand over the business to any of its associates who are in similar business and that the lessors shall not make any objections or hindrances for the same, but the said Trinetra supermarket continued its business for seven years and all of a sudden it sold entire business to one "MORE SUPER MARKET Company" without intimation to lessor,now I want to Know what is the locus standi of the More supermarket co,.to continue its business under the earliar lease agreement and can it be possible to terminate the lease before expiry period? and further what I need to do to safe guard my interest as lessor, please help me its very urgent.