Termination of Employment

vijay (Querist) 23 November 2010 This query is : Resolved
Hi,

I worked for a reputed software company in Hyderabad, Andhra Pradesh . To continue my service, i was requested by the management to produce a fitness medical certificate from the company appointed doctor. Was given 30 days medical leave and after 30 days, my service was terminated through email notification on the basis of not providing the requested medical certificate. It's almost 19 months since the incident and would like to know whether i can re-claim my job by providing the requested medical certificate after 19 months ? Can the company reject my job re-claim on the basis of interruption of service as per Industries Disputes Act ?

Thanks,

Vijay

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adv. rajeev ( rajoo ) (Expert) 23 November 2010
It was your duty to produce the fittness certificate within the given period.
There is no wrong to approach the higher officer of your company. If you filed the case co., may take the defense of not producing the fittness certificate within the time.
It is also necessary to know the terms and condtions of the employment.

s.subramanian (Expert) 23 November 2010
yes.

Kirti Kar Tripathi (Expert) 23 November 2010
under the service law,by non producing medical certificate will be presumed that the employee was on unauthorized leave and it is misconduct under the law and the employer is bound to initiate disciplinary proceedings under the law. in case, the services are terminated without charge sheet and domestic enquiry, such termination is illegal. you may challenge the same.