Disability compensation for abnormal behaviour
N.J. MISHRA
(Querist) 19 March 2012
This query is : Resolved
Dear Members, myself is N.J. Mishra, working as a Legal Officer in a private limited company. In the course of our business we have appointed one person as an officer in our office. After certain period of time this officer started behaving in an abnormal manner. On one ocassion he set a fire in our office. When we contacted his wife, she said that he is suffering from some behavioural problem from last several years which this officer has concealed with us. Infact we have spoken to his doctor, he also confirmed the same and suggested to increase the dossage of the medicines. My query is that whether this officer can claim any compensation for disability under any provisions of law or we are entitled to pay any disability compensation and further what sought of action we can take against this officer to protect our interest. Members are requested to guide me in solving my problem.
Ghanshyam Prasad
(Expert) 19 March 2012
there is no such law rather he is guilty of concealing his ailment.
Guest
(Expert) 19 March 2012
Dear Mr. Mishra,
I differ with the opinion of Shri Ghanshyam Prasad. I don't think anyone is able to detect his own ailments. Even one medical practitioner (doctor) prefers to consult another doctor to diagnose his own illness and get proper treatment. So, when the employer fails to get him medically examined before offering employment, where arises the question of concealment of ailment by the employee? Needless to mention, it is not always the duty of the employee to narrate like a parrot the a2z history from his birth till employment, as nobody is expected to remember all that during extensive interview process in short time. Interest of employer has to be watched by the employer himself before offering employment to any candidate.
Behavioural problems in any person cannot appear from birth, but are caused only due to some extremely unbearable circumstances and also environments at office, home or society. That person needs solace at least from some quarter in a bid to shun his abnormality.
Needless to over-emphasize, once an employee is appointed well being of his/her health becomes the sole liability of his employer.
The employer is required to know about the ailments of the employees by not only proper medical examination/ treatment of his employees from time to time, but also by reviewing working conditions prevailing at his own workplaces.
There can be several reasons of illness of employees that include, work environments and domestic environments also. Abnormal behaviour of an employee can be on account of ill-treatment by wife & other family members, management, co-workers, unhealthy working conditions in office or factory, etc. So, the employer has to get all these elements responsible for his illness or abnormal behaviour to be reviewed and provide proper solution, not only by providing proper treatment and counseling, but also by removal of bad working conditions and environments in office/factory.
So, Mr. Mishra, I must advise for not only proper compensation for treatment of the employee by the employer, but also to review all such factors that led to the abnormal behaviour of the employee.
PRODUCTIVITY OF ANY ORGANISATION LIES ONLY IN WELL BEING & MOTIVATION OF ITS EMPLOYEES, NOT IN DENIAL OF SMALL TIME FACILITIES.
As a legal officer, I hope, you know quite well that remedy does not always lie in creating legal complications in near normal conditions.
Raj Kumar Makkad
(Expert) 19 March 2012
I do endorse the views of respected Dhingra ji.
