job termination
kuldeep kumar
(Querist) 10 September 2016
This query is : Resolved
dear team need help
can my employer terminate my job when I am not able to go office due to accident for 3 months.
Guest
(Expert) 10 September 2016
Although your query is purely of an academic nature, but still the reply is, yes, if not got granted leave on time, as based on your medical certificate, from the competent authority.
You could better have discussed your real problem, if any faced by you, rather than an academic query.
Raj Kumar Makkad
(Expert) 10 September 2016
I endorse the advice and observation of Ld. Dhingra Sir.
Ms.Usha Kapoor
(Expert) 11 September 2016
I agree with P.S Dhingra Ji.
R.K Nanda
(Expert) 11 September 2016
Academic query.
Kumar Doab
(Expert) 11 September 2016
Termination during sickness may be a bad order.
Here bad order means;good for nothing.
However as already pointed out by Expert Mr. Dhingra, you need to post full facts of the matter.
Kumar Doab
(Expert) 11 September 2016
Is it a supplementary question to your previous query?
Kumar Doab
(Expert) 11 September 2016
Have you submitted leave application with medical certificate from doctor?
Submit leave application(s) well in time thru Redg. Post with AD and download tracking report from India Post website.
Raj Kumar Makkad
(Expert) 12 September 2016
No order may be regarded bad until and unless we do have entire facts at one go.
Guest
(Expert) 13 September 2016
The querist is silent on questions by querists for the last two days. That clearly proves that the querist did not have any real problem, he wanted solution to his academic query only.
Kumar Doab
(Expert) 13 September 2016
The author should respond.
Kumar Doab
(Expert) 13 September 2016
Other threads by querist:
http://www.lawyersclubindia.com/experts/accident-claim-614986.asp
http://www.lawyersclubindia.com/experts/accident-claim-615561.asp
Kumar Doab
(Expert) 21 September 2016
Termination during sickness may be a bad order.
Here bad order means;good for nothing.
Why termination alone, even acceptance of resignation during sickness ( in certain situations) may be bad.
Justice PB Bajanthri:: The Punjab and Haryana High Court; has issued notice to M/s Punjab National Bank in such case, in petition by Tara Chand Arora and his wife Usha Devi.
The facts seems to be entirely on the side of employee, Usha Devi.
It is interesting cased and judgment is awaited.
Expert Mr. Raj Kumar Makkad is requested to share the developments.
Kumar Doab
(Expert) 21 September 2016
http://www.tribuneindia.com/news/punjab/courts/hc-notice-to-bank-on-employee-s-resignation-over-mental-ailment/298461.html
Posted at: Sep 21, 2016, 1:27 AM; last updated: Sep 21, 2016, 1:27 AM (IST)
HC notice to bank on employee’s resignation over mental ailment
Tribune News Service
Chandigarh, September 20
The Punjab and Haryana High Court today issued a notice of motion to a bank on a petition claiming that the bank’s move to accept the resignation of an employee suffering from schizophrenia amounted to illegally dispensing with the staff member’s services.
Justice PB Bajanthri issued the notice on a petition by Tara Chand Arora and his wife Usha Devi. They were seeking quashing of the order dated November 1, 2010, vide which the Punjab National Bank which accepted Usha Devi’s resignation from a clerical post.
Their counsel, HC Arora, told the High Court that Usha Devi acquired schizophrenia during service of the respondent bank in 2007. She availed medical leave, extra ordinary leave, and sabbatical leave supported by medical certificates. Eventually, she submitted her resignation from service on ground of continuous illness and requested for waiving off the three-month notice period. The bank accepted her resignation and waived off the notice period.
Arora said Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, stated that an employee who acquires disability during service was entitled to remain in service until the age of superannuation, even if he was unable to perform duties. As such, the acceptance of resignation amounted to illegally dispensing with her services.
Guest
(Expert) 21 September 2016
The querist is silent for the last 10 days. He does not seem to have any explanation to refute that his query was not an academic query.
Kumar Doab
(Expert) 21 September 2016
The author has met with serious accident and is bedridden.
We will support you.
Come back any time.
Senior Expert Mr. Raj Kumar Makkad is very near to you.
You can benefit from his counsel.
Rajendra K Goyal
(Expert) 25 September 2016
Agree with the advice from expert Kumar Doab.
