Ajay Salagare (CA) 07 January 2011

Demand of Training Charges by Company

Dear all,

One of my client' s son while returing from service, met serious accident.

He is aks for bed rest by Doctor for 6 months. So he could not able to join the service.

The company sent notice asking Rs 40000 incurred by them on his training as he now not able to continue that employment. Or to close the issue work for them atleast 2 months without salary.

Now, he is physically not in position to work anywhere.

What legal course of action available to him.

Please answer.

Ajay Salagare Chartered Accountant,
Mobile 9881492858 ajaysalagare@yahoo.com
G-33, Sunshree Woods Complex, NIBM Road, Kondhwa, Pune 411048 INDIA Ph: 91 20 40054507 (O)

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2 Replies

darshana sawant (associate consultant) 08 January 2011

if that employed person was drawing salary upto rs 8000 then he can claim compensation under the Employees Compensation Act being an employment injury. If he is covered under Employees State Insurance Act, he can also claim the disablement benefit depending on partial or total disablement. However if you have already approached the Motor Vehicle claims tribunal, you debarred from approaching the employees compensation commissioner.

secondly, we have to examine the contract entered with the company for damages whether it tis a formal service agreement and there must be an exemption with regards to physical disability or other factors beyond his control disabling him from continuing the work. after going through these documents proper advice can be rendered.

Ajay Salagare (CA) 08 January 2011

Thanks of reply.

1.Employee is drawing salary more than Rs 8000 per month.

2. What reply need to be given to notice send by the company.

Can you refer any Laywer from Kondhwa/Pune area to give official reply to the notice.

Ajay Salagare Chartered Accountant,
Mobile 9881492858 ajaysalagare@yahoo.com
G-33, Sunshree Woods Complex, NIBM Road, Kondhwa, Pune 411048 INDIA Ph: 91 20 40054507 (O)