View Poll Results: suggest legal remedy on long absence
suggestion 2 66.67%
should be legally correct 1 33.33%
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One of our regular employee involved in road accident during his off day when doing his personal work at the near by town. Initially he was on sick leave and due to the accident his right hand became inactive totally and there is no improvement even after the surgery underwent by him. He is on long leave for more than 19 months expecting that his hand will be alright in due course but there is not even an iota of improvement. He received certificate from the state govt social welfare department stating that his right hand suffered more than 70% permanent disablement.
Now he has submitted a letter enclosing his certificates stating that he cant use his right hand without mentioning anything on resigning the job. Orally he has requested to terminate the employment as it will help him to get compensation from the Insurance company through court proceedings as per his lawyers advise.
I request legal answers to proceed with this issue from the professionals.
18th August 2017 From India, New Delhi
Dear Balasundaram,
Highly deplorable is the consequence of the personal accident of the unfortunate employee on his employment. More pathetic is his request to terminate his employment on the ground of 70% permanent disablement caused to his right hand for the sake of higher Insurance compensation. The ways of God are always mysterious to mortal man. However, sentimentalism has, at times, to give way for pragmatism in employment matters. Though there is no mention about the nature of his normal works, certainly it can be presumed that he must be a blue-collar workman and as such his further employability is a big question mark with the extent of his permanent disability. At the same time, providing a suitable alternative job in the same concern befitting his present physical condition is also a possible option before the management. Since the Accident Tribunal can easily come to a conclusion about the debilitating impact of a 70% permanent disability of the right hand of an industrial workman and arrive at an appropriate compensation, the request of the employee for termination of his services by the management on medical ground seems to me unwarranted for the reason it can not be a case of retrenchment as defined u/s 2(oo)(c) of the Industrial Disputes Act,1947.
Complying with his present request may not be legally incorrect. But is it necessary for the sake of insurance compensation? To terminate his services on medical invalidation, the management has to refer his case to a Medical Board. If the Board opines suitable alternative employment? Therefore, in stead of immediate compliance of the workman on the advice of his Advocate, let the management weigh all options.
18th August 2017 From India, Salem
Dear Mr Umakanthan,
Thank you very much for your valuable suggestion. The employee in question is a senior technical hand and with out his right hand he can not do his work. We also thought of alternative employment and due to the nature of our work atmosphere, we can at best made him to do office attender job but there is a wide level mismatch. He himself may not also like to do the job and even for this job he has to depend on others in performing the job.
Regards
T,S,Balasundaram
18th August 2017 From India, New Delhi
Dear Mr.Balasundaram,
I opine that you can entrust the role of supervisor who can take care of shop floor activity & as well as a mentor / trainer to the Juniors.
In an organization where I worked earlier in the similar scenario the co-workers / Immediate superiors / HODs along with us (HR) met the Senior management and requested to provide opportunity on humanitarian grounds, finally the management agreed & supported the employee considering his expertise & commitment by entrusting a role of trainer where he put his heart and developed around 8 gem of candidates ( on par with his caliber).
Just shared my experience, Its a suggestion but I don't know how it will work out in your case.
Thanks and regards
Kameswarao
19th August 2017 From India, Hyderabad
Dear friends,
I am sure that Mr.Balasundaram, being an IR person knows well the statutory implications of a termination on the workman's continued ill health in view of the definition of the term " retrenchment " u/s 2(oo) of the ID Act,1947 but only the natural stream of humanitarian considerations overwhelming in him as a benign HR manager compels him to start the discussion and continue it. Mr.Kameswarrao's response coupled with the anecdote is a positive sign of the option for suitable alternative employment in stead of the termination on the ground of continued ill health as requested by the individual.
The request of the workman is based only on the suggestion of his Advocate to get enhanced compensation from the Accident Tribunal. Whether the workman himself is aware of the fact that the termination on his continued ill health requested by him will not entitle him for any compensation from the management is my question. This apart, if the road accident is one involving any motor vehicle, the tribunal has to work out the compensation as per the guidelines stipulated in the schedule-II of the Motor Vehicles Act,1988.
Therefore, my suggestion is that let the management refer the individual for examination by a Medical Board to ascertain his suitability for employment first and take a decision independent of his request.
19th August 2017 From India, Salem
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