Is It Fair to Terminate an Employee 1.5 Years After an Accident Despite Compensation?

Dear all, please shed light on the above query. In our organization, one worker met with an accident while working and resulted in 100% disablement (certificate issued by the civil surgeon). However, the management is continuing his employment based on the fitness certificate provided by a local doctor (MBBS). After 1.5 years, he has produced a Disablement certificate and is now claiming compensation.

The management is now directing to pay him compensation and terminate his employment. While compensation is his right as per the act, would the termination of his services after 1.5 years of the accident be justified?

Thank you.

Why did you allow him to continue? You should have terminated him right then. Now, do one thing - pay him compensation and terminate him on the basis of the certificate of disablement he provided. Anyway, if he had worked for 1.5 years, you should have also paid him his salary. Therefore, that is not an issue, and you are not going to terminate him with retrospective effect.

Since the declaration of 100% disability, he has been working in your company. Now, you must have him examined by the Chief Medical Officer of the district for certification of his disability. When writing the letter to the CMO, please provide all the details of his previous disability certificate and the fact of his working thereafter.