Employee produced disablement certificate and claiming compensation - management directing to pay him compensation and terminate - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws

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Dear all, Pls throw light on above query. In our organization one worker met with an accident while on working and result 100% disablement (certificate issued by civil surgeon) . But management is continuing him on the basis of fitness certificate produced by him issued by local doctor (MBBS). After 1.5 year he has produced Disablement certificate and claiming compensation.
Now management directing pay him compensation and terminate. Compensation is his right as per act, but termination of services after 1.5 year of accident will be justified?

Why did you allow him to continue? You should have terminated right then. Now you do one thing, pay him compensation and terminate him on the basis of the certificate of disablement produced by him. Anyway if he had worked for 1.5 years, you should have paid him salary also. Therefore, that is not an issue and you are not going to terminate with retrospective effect.
Since after declaration of 100% disability, he has worked in your company, now you must get him examined by the Chief Medical Officer of the district for certification of his disability. While writing letter to the CMO, please give all the details of his previous disability certificate and the fact of his working thereafter etc.
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