Absent Due To Health Reasons

sagar.officer
Hi All,
An employee working in a pharma company encountered with an accident 7 to 8 months outside the office premises. hence he could not work and still under bed rest. Organisation has even helped the employee by paying certain money for expenses towards the employees's health. Now organisation wants to take the employee out form its payroll and appoint a replacement. In this regard I request you all to provide me the prescribed suggestions which is legally enforceable.
Looking forward to your valuable suggestions.
sushilkluthra@gmail.com
If an employee is covered under the definition of workman as. defined under section 2 of the Industrial Disputes Act, then termination due to absence on account of 7 or 8 months bed rest, does not appear to be reasonable and will be set aside by labour court, if so challenged. Even if employee is not a workman, yet since he is working in Karnataka, he will be governed by Karnataka shops and commercial establishment Act, 1961 and under section 39 thereof, termination can be for reasonable cause only. You may challenge such termination before the appellate authority laid down under the Act.
Thanks
Sushil
sagar.officer
Thank you Sushil for your valuable opinion. So I feel based on the employers perspective is concerned they can seek for resignation from the employee.
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