Facing Pressure to Work Long Hours After a Serious Accident – What Should I Do?

Dear Sir,

I work in a private limited cotton spinning mill in Maharashtra state, from the beginning of the first plant. I received an appointment letter in 2008 as a Maintenance Manager. Since then, I have been uninterested in the services.

I served the owners, which resulted in the expansion of plant no. 2. However, I had an accident while on duty, resulting in bone fractures and neurosurgery. I don't remember those three months due to a brain hemorrhage from falling into a 14-feet deep RCC trench.

After undergoing neurosurgery and being certified by a doctor, I resumed duties in June 2016. Since joining, I have worked sincerely and saved crores of rupees for the employer. I have also taken care of safety and resolved issues that arose.

The organization is owned by a joint family, and even the chairman acknowledges my work. However, one of the younger owners asks me to work more than the standard hours (around 12 hours) and perform physical labor.

I am a 35-year-experienced individual at 55 years old. Despite a severe accident while on duty, I resisted working beyond the scheduled hours and physically straining myself. The chairman orally instructed me to resume duties after being called back, but I have not returned for eight days.

I have learned from other sources that the management is considering appointing another manager. I work as a manager in an establishment with 500 workers and I am not a union member. I have not received any termination order, only warnings for misbehavior, which occurred after the accident.

Please advise me on the best course of action. I have been sending leave applications via email after being instructed not to resume work. Kindly review the email I sent to the owners and provide prompt suggestions.

Thank you.

Dear Suhas, well, gentleman, at 55, you have already crossed the prime of your career. What you get after 55 is only a bonus. Therefore, if your employer wants you to quit employment, let it be. No need to endure the physical and mental strain of a 12-hour duty. If you have skills or expertise in your field, you may approach other employers and take up an 8-hour job.

Many times, accidents give a twist to life. This is a turning event in your life as well. Even if you wish to take on your employer, please note that positions are evenly balanced. You might have responsibilities towards your children's higher education or their marriage. However, one has to strike a balance.

Thanks,

Dinesh Divekar

Job Security Concerns in a Private Limited Company

Sir, I got the answer to my problem. However, please consider my work done. Also, please note that I have established myself as a teacher in this organization and provided training to my subordinates. I am fully familiar with the machines in both plants.

If I were to leave my current job and join elsewhere, I would have to start afresh at my age, which may not be feasible. I have a greater affinity for machines than for human beings and always ensure the well-being of the machinery.

Concerns About Termination Without Notice

I do not wish to leave my current job. Could you please advise me on whether a private limited company employer can terminate a sincere employee without any notice, especially verbally? Is there any provision in the latest amended Factories Act in Maharashtra that favors the employer in such termination cases? Are there any amended laws that protect the rights of employees?

Should this be the case, I am willing to take the owners to the labor court for a fair resolution.

Regards, Suhas1962

What is your present designation and present salary? You have stated that you are working as a "Manager" managing 500 employees. You are not a "workman" as per Section 2(S) of the Industrial Disputes Act, 1947. Your job is subject to the notice period as mentioned in your appointment letter.

Background and Current Situation

I work as a Manager of Maintenance in a cotton spinning mill. I am a founding employee of the first plant and later participated in the commissioning of the second plant. For the past eight years, since the beginning of the private limited company, I have held this position and played a major role in increasing profits, thereby growing the spindle capacity. I work in a 500-worker private limited organization and am not a union member.

However, during the commissioning of the second plant, I fell into an RCC trench, resulting in a serious injury. I underwent neurosurgery and had a bone fracture last year. After being certified fit by the attending doctors, I resumed my original job in June 2016 and saved millions of rupees that were wasted during my absence due to injury.

I am 54 years old and have 35 years of experience. I have contributed to the success of this company, helping it grow like a banyan tree. However, the young owner is not in favor of me and is asking me to work for 12 hours a day, and that too in a standing position. I resisted this demand.

He then asked his uncle (Chairman Saheb) to take action against me. The uncle is in favor of me but has orally instructed me not to resume duties until he calls me back. Hence, I have been at home for the past 15 days.

Questions and Concerns

1) Can a private limited organization terminate one of its pioneering managerial staff who was injured while on duty?

2) Is there any law that protects an employee who was a pioneer and was seriously injured while on duty?

3) Can he receive gratuity if he has been working for 8 years, is on a CTC, and is terminated (Gratuity is not mentioned in my appointment letter; only bonus, earned leave, and PF contribution by the employer are mentioned)?

4) Can an employee resume his duties if he did not receive a termination letter?

5) Can a managerial staff member become a union member and receive its assistance?

Please provide your suggestions as soon as possible. I do not want to leave my current job as I consider the machines and my subordinates as my children.