Dinesh Divekar
Business Mentor, Consultant And Trainer
Tsivasankaran
Consultant
Kishorkulkarni
Law Practice
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Pon1965
Construction
+1 Other

Dear All,
One of employee has filed a case in consumenr court against the Medical Insurance comapny & has also made the compnay MD & HR department as the party. He is still in employement. while the legal department of compnay say that as the default is done by Insurance agency & compnay has fulfilled all its obligation. Now the querry is that can we suspend the employee in question pending the decision of consumar court.
Regards
D K Sharma
25th October 2013 From India, Delhi
What is the misconduct committed by this employee?? I am surprised to see this attitude of suspension even when a person resorts to legal methods. He has taken the matter to Consumer forum and the forum will decide whether his claim is correct or whether the Insurance Company has fulfilled its obligation. Where is the question of taking any action against him??
The Company takes a policy and gets a declaration from the employee. Then he becomes a customer and if he has any dispute on bills settled, he can take it up with Consumer forum alone and he has in fact done the right thing
25th October 2013 From India, Chennai
Dear DK Sharma,

You could have given little more information. What is the case about? What kind of insurance claim is this? Why has the employee filed a case against medical insurance company? Who pays the annual premium, company or the employee in his personal capacity? Is MD and HR department are co-petitioners or they are respondents? Before filing a suit, did he inform the company authorities? What efforts company took to avoid litigation?

Legal department of your company says "compnay has fulfilled all its obligation.". What obligations company has fulfilled?

Comments on the quality of the post: - Are you the Head HR of the company? Whether you are Head or not, why you did not check quality of your post? How can you raise post in public forum with inadequate information? Why you did not deem it fit to check the grammar or spelling of the post before raising it? Is this your regular business writing style? If you do not give value to the quality of your writing then do you think that others will give value to you in person or HR in general?

Thanks,

Dinesh V Divekar
25th October 2013 From India, Bangalore
He has filed case against the Ins. Co. The MD & HR are just respondents. Nothing wrong committed by the employee. pon
25th October 2013 From India, Lucknow
Dear Pon1965,
It appears that you have little confusion with the term "respondent".
When a person files a suit, he/she becomes "petitioner". The party against whom the suit is file is "respondent". Party could individual or company or even state/central government.
Now if the suit is filed against insurance company then how come MD and HR are coming in picture?
The real problem is that originator of the post i.e. DK Sharma has not written his post clearly. Hence the confusion.
Ok...
Dinesh V Divekar
He has filed case against the Ins. Co. The MD & HR are just respondents. Nothing wrong committed by the employee.
pon[/QUOTE]
25th October 2013 From India, Bangalore
Dear D. K. Sharma,
I do not find any thing wrong with the worker, who has approached the District Consumer Redressal Forum. Obviously, he must have some grievance against the Insurance Company. If it pertains to your liability for which you have subscribed to the Insurance, then your company is obviously made a formal party to the dispute, which is a normal and prevalent practice.
Just because he made you a party in a case, you cannot put him under suspension. This is neither legal and proper nor justifiable from any corners of law. In case you do any such thing, then you will have to take him back for work as no court will support your action.
I just wonder, how your legal department is raising such issues which are per se illegal.
I am in agreement with the views of Mr. T. Sivasankaran, Mr. Pon1965 and Mr. Diveker.
25th October 2013 From India, Kolhapur
[/QUOTE]
Dear Mr.Divekar.
The person files a suit is called - Petitioner.
The insurance Company, MD & HR are respondents. Because, the insurance claims are routed through the employer to the Insurance company, I believe. I think the mediclaim policy is arranged by the employer, may at the cost of employee. Thats why the petitioner implicated the MD & HR as respondents.
Pon
26th October 2013 From India, Lucknow
Hello D K Sharma,
Irrespective of the tone & tenor of Dinesh V Divekar's remarks about your Posting, I think it's in YOUR interest to give as many details as possible.
This not only resolves/clarifies your issue/problem FASTER but also helps to save & better utilize OTHER'S TIME. If you noticed, all the members who responded ended-up PRESUMING the details before making suggestions. Do you think/feel this was what YOU wanted?
I think NOT--since you wouldn't have reached the level you are @ now [Head HR] IF this had been your standard approach while interacting with people--including employees.
Suggest give more details so that the members can give you more accurate & practical suggestions--WITHOUT spending more time than necessary to understand the issue.
Rgds,
TS
27th October 2013 From India, Hyderabad
Dear Sateesh,

Tone and tenor of my first post was little critical because of the egregiousness of the post.

There are two things when we write, one is structure and second is grammar and punctuation. Since this is informal group, we may not follow the latter to its last detail but then former's importance cannot be diluted. Failure in either would have made this post preposterous. But the poster has failed on both the counts and thereby making the post egregious.

Had the query been written by some junior cadre person like HR Asst or HR Executive, it would have been understandable but obviously not by the stature of the person of Head HR.

I am given to understand that you are quite senior person. Therefore, you must have seen those good old days of typewriter. Secretaries or typists typed the drafts couple of times before their finalisation. The signatory of the letter, considered it as his/her prestige to sign the letters. In today's virtual world, that prestige has vanished into thin air but then today newer facilities are there which were not there in erstwhile era. All that is required is to write post in MS Word. Most of the spell check and grammar check is done by MS Word. Is it that difficult to do? One who finds it difficult then he/she deserves criticism and not coddling.

Thanks and regards,

Dinesh V Divekar

Hello D K Sharma,

Irrespective of the tone & tenor of Dinesh V Divekar's remarks about your Posting, I think it's in YOUR interest to give as many details as possible.

This not only resolves/clarifies your issue/problem FASTER but also helps to save & better utilize OTHER'S TIME. If you noticed, all the members who responded ended-up PRESUMING the details before making suggestions. Do you think/feel this was what YOU wanted?

I think NOT--since you wouldn't have reached the level you are @ now [Head HR] IF this had been your standard approach while interacting with people--including employees.

Suggest give more details so that the members can give you more accurate & practical suggestions--WITHOUT spending more time than necessary to understand the issue.

Rgds,

TS[/QUOTE]
28th October 2013 From India, Bangalore
Hello Dinesh V Divekar,

While there CAN be different ways on how to view D K Sharma's Posting, I would like to offer a different perspective on your remark "............then he/she deserves criticism and not coddling".

Criticism--YES, by all means. But NOT the individual. It's what the person has done/said/written that's the cause of your response/reaction. So suggest pl focus on THE ACTION rather than the person--since your [like others including mine] intent is to CORRECT & IMPROVE the person. Like Mahatma Gandhi said: 'Hate the action, not the actor' [or something to that effect].

There's very little AND YET a lot of difference between saying "what you did is wrong" AND "what you did is not right" AND "you are wrong" AND "you are not right"--a subtle/fine line segregating each of them, but totally changing how it's perceived by the reader.

That's what you, other members & I tried to do [each in his own style]--it's another issue whether DK Sharma takes the suggestion(s) & makes amends & improves himself. But that's HIS problem--this Forum has done it's job to make SINCERE ATTEMPTS in correcting a NEW member.

Rgds,

TS
28th October 2013 From India, Hyderabad
What is the case about? What kind of insurance claim is this? Why has the employee filed a case against medical insurance company? Who pays the annual premium, company or the employee in his personal capacity? Is MD and HR department are co-petitioners or they are respondents? Before filing a suit, did he inform the company authorities? What efforts company took to avoid litigation?
attribution https://www.citehr.com/474394-suspen...#ixzz2j4b4g3kI
29th October 2013 From India, Chennai
I was the first person to respond to this post and I did not find the post lacking in information for a discussion in this forum. I do not want to get into controversies. But to answer some of the observations made by Mr Diwekar, I am reproducing his queries with my observations,

What is the case about? What kind of insurance claim is this?



The poster has specifically mentioned that the case is against a Medical Insurance company .For a discussion in a forum like this ,this information is more than sufficient.

Why has the employee filed a case against medical insurance company?

The employee must have filed a case against the Company because there must have been difference between his claim and the settled amount. This is more than sufficient to respond in this forum. If he had come to me to engage me as Advocate, then I would have asked questions like what is the difference, was he in employment for long etc. Othewise for a general discussion this was enough.

Who pays the annual premium, company or the employee in his personal capacity?

It is immaterial as to who pays the premium. But it is material whether the premium is paid through the Company. The issue comes up here as the papers were forwarded through the Company. Again, for a normal discussion in a forum like this and for the query he has raised, this information is sufficient.

Is MD and HR department are co-petitioners or they are respondents?

The original poster has clearly mentioned that the employee has filed a case against the Insurance Company and included the HR Dept and the Managing Director. If MD and the HR Department are Co-petitioners, he could not have done without their signatures. We can easily deduce some observations without assuming.

Before filing a suit, did he inform the company authorities? What efforts company took to avoid litigation?

The question was not about litigation details in Consumer Forum. The question is whether an the Management can take action against an employee who resorts to legal means for resolving any dispute. A workman may approach Labour Court for dispute resolution. Can the Management take action against him or her?

I do not find anything wrong in terms of content and details in the query raised by the original poster. I have no observations to make on grammar and spelling.

I am not sure how Mr Diwekar has concluded that the Poster was Head of the Department?

And even assuming that the person posted is Head of Dept or just an assistant, the quality of posting should not be diluted.

And I do not find anything wrong in this posting and I could respond to the query without any difficulty

Thanks
29th October 2013 From India, Chennai
Dear Mr T.Sivasankaran,
You have given a long reply to my questions. Thank you very much.
Nevertheless, the post belongs to someone else. This clarification should have come from originator of the post. However, in your reply there appear to be some assumptions. Secondly, as far as quality of the post is concerned, it is a matter of interpretation. Interpretations are based on standards. Possibly our interpretations do not match because of the differences in our perceptions.
If I start giving rebuttal, the debate will turn into quibble which I expect least. Therefore, let us leave it aside and move on. This is what I would like to say at this stage.
Some 2-3 days have passed since the originator has written his post. Lot of discussion has happened since then but the poster is incommunicado. His silence speaks lot!
Thanks,
Dinesh V Divekar
29th October 2013 From India, Bangalore
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