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Zaffer Maqbool (Area Business Manager)     19 June 2012

Financial and mental harrasment by superiors

Dear sir,

I am working in Cadila Pharmaceuticals ltd as an Area Business Manager. I had joined this organisation on 1 Aug 2005 as a field officer. On 1 dec 2007 I was promoted as ABM. On 23 rd of April I met with an accident while returning to HQ, Bhagalpur. I informed it to my superiors and submitted the leave in the FFR( Field force reporting) for 15 days as advised by the doctors. But after 15 days doctors again advised me a 15 days bed rest. As per the advice of the doctor still I am on leave as my lower hip bone has got injured which is not allowing me to sit on hard surface as well as riding bike which is essential for my job.  I have taken 13 sick leaves and there after I have applied for PL(Previlage leave). After 20th May my leave has not been sanctioned. On 25th May my reporting site (FFR) has been blocked without giving me any reason. My salary of May , 7 days salary of April and expenses of April has not been sent. Above all a new person has been apointed at my post and I have not been informed anythingh till date.

Please suggest me what legal action I can take aginst my superiors and give suggetions keeping in mind that I have to resign from the company because as soon as I'll join they'll transfer me in such a place where I cannot go and ultimately I have to resign. They harrased me a lot.

Thanks.



Learning

 6 Replies

Kumar Doab (FIN)     19 June 2012

Is FFR another term for Sick Leave Application? You should have submitted proper leave application and should have generated printouts of leave application and approval.

Did you submit bed rest advice/medical certificate by doctor? It appears that your leave has been approved once. You should have extended your sick leave.

It appears company has not issued any memo to you and has not supplied any termination order.

You may approach a competent and experienced service lawyer with copy of your appointment letter, all other communications, leave application, approval etc. You may submit a carefully drafted representation to your appointing authority, MD, Chairman, with a copy to Head-HR. If these good offices do not grant relief your lawyer may issue a legal notice.

1 Like

Zaffer Maqbool (Area Business Manager)     19 June 2012

Just an hour ago I got a transfer letter from bhagalpur to Bangalore dated 13/06/2012 through mail . Whereas I have already extended my leave till 19/06/12 thriugh mail. I have sent the prescripttion of the doctor where it has been clearly indicated for complete bed rest. I have got all the proof of leave application as it has been sent by my personnel mail.

Kumar Doab (FIN)     19 June 2012

If you receive the hard copy of the transfer letter by courier collect copy of AWB copy and generate the dispatch detail from website of courier. If you wish to contest you may approach your lawyer. Your lawyer shall be able to advice you on the merits after looking into the record and inputs given by you. Your lawyer may be able to prove transfer order is malafide.

If you do not join at new HQ company in probability shall terminate your service.

Another option is firm up your next venture. Collect your pending dues and defeat the company in market place.

An ASM of another company has successfully taken his company to task. If you wish his contact detail can be passed on to you by email.

V. VASUDEVAN (LEGAL COUNSEL)     19 June 2012

In this first place, if the accident occurred while returning to HQ - as a part of the business travel approved, it should be treated as an accident arising in the court of employment, applying the principles of notional extension, under the Employees' Compensation Act - earlier known as Workmen's compensation Act. Hence send a detailed application to the CEO/HR Head of the Company for complete treament expenses, independant medical examination by the company panel doctor, paid leave until fitness and a change in job suitable to your fitness at your own town. Get this drafted by a competent lawyer.

Vasudevan

Hemang (Advocate)     20 June 2012

It appears, it is a genuine case and the managers sitting in the Air-conditioned chambers do not sense the agony of the employees. With an order of trasnfer to another station, the apprehension about termination is ruled out. In this connection, it may be pointed out that "Transfer is an incident of service" and it would be always the management, which would consider the aspect as to where the services of his employee should be utilized. However, in this case, you can also plead that trasnfer is made with malafide either in facts or in law.  It may amount to "unfair labour practice at the same time. 

 

You can always claim the medical expenses, hospitalization and post operative charges, provided the you met with an accident during the course of employment and or a duty.  

Zaffer Maqbool (Area Business Manager)     25 June 2012

Please pass on the contact details of that ASM.


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