LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Employment denied due to illness

Page no : 2

deandj   08 July 2017

My apology kumar sir,,, but sir i m unable to understand ur feedback. If u mean whether my employer has covered as u mentioned. Sir as per available documents my kit only mentions coverage under critical illness subject to HR and completely at its discretion. Also coverage under temporary/ permanent disablement under new india assureance company. Employee coverage if anything happens to employee on duty. Apart from these no further detail. As i mentioned earlier i have sought relief under said coverage but neither my HR nor seniors responded.

deandj   09 July 2017

Sirs if u can help in getting clarity on special disability act 2016. I have downloaded the copy of same and have screened most of conditions. There seems to be no single para pertaning and mentioning coverage of cancer under said act or implications arising due to same. I have though mailed them briefing about my case and sought help. Special disability act seems to be designed covering for physical aspect and some other core chronic disease.

Kumar Doab (FIN)     09 July 2017

The posts posted for you are so easy to understand.

Check if you had associated medical disorders/conditions that are  covered.

Take local help of a local counsel and doctor if required.

deandj   10 July 2017

Sir i have to seek help from legal councel to take up my matter now. Approaching disabilities forum may not be of help as they need disability certificate first hand to service and complaints. Which is not the case with me. Sir i m resident of mumbai and if u can kindly refer some good councel to take up my matter. I have sought reference from some local councel but they seems to be not well versed with employment rules. Possibly mine is exceptional case and also i m myself not satisfied with meeting them and also they seem to be foremost money driven. Reason i m seeking help here if any councel can take up matter on humanarian grounds but i promise to pay once i m able to get my dues from employer. Any help from you people will be highly appreciated.

Kumar Doab (FIN)     10 July 2017

Inquire at Labor Court/CGIT,CAT,HC,Civil Courts and you can find out counsels specializing in such/service matters.

You can also inquire about free legal aid at local courts complex.

deandj   13 July 2017

Sir today i believe in haste my employer has sent me F&F documents. Also my employer on its letter head they have mentioned that i have sought relief from services as per letter dated xxx where in during that period i was under chemo and radiation therapies. Isn't my employer manipulated my sign. Isn't my employer committing fraud and malpractices. I have been rigorously following them past some days and hence to close my chapter they seem to have committed big crime and fraud. My relieving date as mentioned 19 oct 2016 and head hr has signed the letter dated 11 july 2017

Kumar Doab (FIN)     13 July 2017

Before chemo/radiation therapy and date of 19th Oct,2016 did you send any communiqué that points to your intention of separation?

Check your own record. You might have sent.

Kumar Doab (FIN)     13 July 2017

Before chemo/radiation therapy and date of 19th Oct,2016 did you send any communiqué that points to your intention of separation?

Check your own record. You might have sent.

Apparently employer has discharged you (Pharig Kar diya Hai).

 

Kumar Doab (FIN)     13 July 2017

Or let employer attach copy of the referred communication from your end.

Or mention that you have never resigned/separated as on or before  dated………..

 

Or if you had withdrawn then mention that you had withdrawn such communication on separation by letter dated………………sent by post (ordinary) and photocopy’s copy from your record is attached.

Or let your counsels/unions handle the matter for you…………….. 

deandj   13 July 2017

Sir today post receiving those documents i have immediately sent a mail mentioning as i have never resigned nor intended to resign during that period. Also i have very clear memory i have never sent any mail or written communication during that period. Except some sms infact thanking them to let me take leave and opt for surgery. Also post my discharge again thx sms. I have asked them for a copy as i have never rendered any sought on written communication and also i have stated that i was under heavy medication so forget about writting,,, my physical strength too had been critical

Kumar Doab (FIN)     13 July 2017

If you have replied it is good.

If you wish you may approach your counsels and ascertain stay on termination if you are apprehensive on termination.

 

deandj   13 July 2017

Sir now i plan to legally sue them for putting me and causing mental trauma. I now understand their purpose of delaying. Ever since 3 months they have never hinted of such act. They had been playing mind games. Also i have very clearly told them about my intention of taking legal course. Sir just let me know can i sue and seek heavy compensation on ground of causing trauma to me and my family. Also discrimination charges against dignified living. Honestly i do not expect much apart from my lost wages but to set a precedents so no other employee or person falls prey to such practice. What is max amount i can seek as damages.

Kumar Doab (FIN)     13 July 2017

Online discussions have its own limitations.

Approach with case file a very able local senior counsel of unshakable repute and integrity specializing in Labor/service matters for a considered opinion.

The counsel that has examined all docs/inputs can advise you on prespectives and options and merits in each option.

deandj   15 July 2017

Sir i have yest visited at labour off but since i do not fall into worker category thy have asked me to seek help thru civil court. Sir meeting lawyer is putting me under further stress as u understand v r normal citizens and worried abut repercussion. Also financial aspect is again a challenge. Sir if u can guide whether i can file police FIR against fraudly imitating my signature and causing loss of job. I have been seeki g reply from my employer and sought copy of my resignation. I have put mails to Head HR and CEO but thy r not responding. Hence can i seek police help in such situation or civil suit is best option. Pls guide

Kumar Doab (FIN)     15 July 2017

Your employer wanted you to go under medical fitness test.

You seem to have offered your willingness.

It is strange that how can a meeting with lawyer has put you under stress?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register