Asso.prof.(commerce & Management)

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
I was working in an organisation. My role demands travel from one store to other. While travelling from one store to other I met with an accident and because of this I took 20 leaves as because of accident there was pain in my back. I left the company after 2 months of the incident. Company credited 30 leaves after my confirmation. During full and final company deduct my 16 days salary saying those leaves was for full year and need to used on prorata basis. I asked them I should get salary for those days as I met with an accident during official duty. But they refused and said we donít have any policy for accident leaves. Can legally I ask for salary for those days or I can get compensation through some other way. Kindly guide.

Give some more details about your orgn. How big is your organisation? Is't factory or Trade ? Were you covered under ESI? If so how did you manage medical expenses post accident. How many years of service with them. You said you were 'confirmed' Does that mean you were on probation during that period ? That apart, it appears the accident took place while you were travelling, on duty and therefore it's occurred in the course of employment. What type of documents you have to support your claims - on leave (MC), Police FIR, Photos taken at the site of accident, report to the appropriate Labour Dept. Any disability, if so appropriate certificate from the Civil Surgeon, Insurance claim made and settled if any and/or ESI claim. First raise a money claim for all your dues and accounting the days while you were in convalescence/ Sick/Medical leave. After you state these details I may suggest the next course of action in your case.
Itís future retail limited which owns big bazaar and easy day. Yes that accident during travel from one store to other store. I was covered under medical insurance and I paid treatment expenses on my own. My confirmation was pending in system due to delay from my boss. There is no photograph or FIR of that incident. I had shared the medical certificate provided by doctor to the company.
So, it's a company and hence you should have been covered under ESI. If yes, have you not checked in into ESI dispensary/hospital? If yes there should be no problem for your leave for the days permitted by ESI hospital. I afraid you would have not done this also.
Since your accident has occurred 'in the course of employment' you are entitled to special leave with full pay and hospitalisation expenses, plus compensation if you suffered any partial/ permanent disablement.
However under the Workmen's Compensation Act (now Employees Compensation Act) you are entitled for special leave as well as compensation appropriate to the injury you suffered. A stand taken by your office saying 'have no leave policy on accident' is no excuse and untenable. Also read the following links in this reg.
"Madhu.T.K 2865 Click on follow to get recommendations from Madhu.T.K + @ ☰ #30
The employer is liable to bear the medical expenses and allow him leave with pay without deducting it from the leave to his credit. Madhu.T.K
16th April 2013 From India, Kannur
Indigo Paints - Be Surprised!

Is there any law or act around it as they wonít understand normal language or they donít want to understand.
You have to issue a suitable letter demanding to pay back the wrongfully recovered 16 days' salary which is equivalent to leave pay for 16 days which you utilised consequent to the accident "during & in the course of employment" i.e. when you were travelling from one store to other store. If they are not responding positively arrange issue of a legal notice and thereafter file a petition with the Labour officer of that area to intervene raising your case for redressal.
Thanks can you help with following query as well.
I worked in an organisation where I had some dispute with the company. They asked me to resign and after discussion they asked me to resign on 19th of June. The company agreed to give me my salary till 31st of August. They had given me acceptance on company letter head and mentioned my resignation had been accepted and they were relieving me immediately. Kindly suggest if they accept my resignation and relieved me immediately then I should get my payout after handover or 45 days from last working day. When I went for handover they told that they will give me salary on monthly basis and full and final will come after 45 days from 31st August.
I asked them to give me accepted resignation mentioning last working day 31 August. However, they refused to give acceptance even via mail. As per law, can I insist on being sent a mail? Now they are saying on final experience/ relieving letter they will mention 31st August as last day. So if I will give it to my new employer then as per first acceptance which they had given my last working and Relieved me on 19th of June. But as per experience/ relieving letter last day is 31st august. Can I asked for accepted resignation mentioning 31st aug as my last working day. HR told me relieving date and last working day can be different. Is it so? Kindly guide.

Dear friend,
Your narration appears to me very hypothetical rather than reality. That apart, the fact is
i) you resigned on 19.6.2018 and the very same day relieved as well.
ii) And they agreed to pay salary till/for next 45 days i.e., it works out to upto 3.8.2018.
iii) They also agreed to mention in the experience/relieving letter-your last working day-19.6.2018 and relieved on 31.8.2018. Which means last working day & date of relieving are different.
Now, let me know whether you got your salary from 19.6.18 & upto 31.8.18 or not/what? And what did you do after leaving this employer, remaining idle? And now almost one and a half months elapsed since then have you got your experience/relieving letter or not and how crucial these dates for your future career?

There is some confusion I resigned on 19th and they had given me a document mentioning my resignation has been accepted and relieved on immediate basis and I negotiated and they agreed that they will pay me salary till 31st August. 45 days are the company TAT to settle full and final. So my question is if they relieved me on immediate basis then I should get dues till 31st August within that TAT. But they said they will pay it on month on month basis. I told them if u want to give it on monthly basis then I resignation acceptance date should be 31st of August. They denied for it. I requested them if I will apply somewhere and will provide this resignation which says my resignation accepted and relived on 19th of June but on relieveing letter u will mention relieving date 31st of august then my new company will consider me fraud. Hope would be able to make u understand.
Dear friend,
Date of "acceptance of resignation" and "date of Relieving" could be different. That means the period from DoResignation to DoRelieving will be treated as Notice Period. In any case 2 diff."dates of Relieving" in 2 diff.documents will cause doubts/confusion and thus you'll find it extremely difficult to convince your new HR/Co. And there will be little relevance to whether you were paid for or not. Therefore Don't worry, the 'Date of Relieving' as mentioned in your experience/relieving letter will prevail.

This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Coô