DANIEL S M (ASSISTANT MANAGER) 28 May 2015

Detained by an employer from joining the duty

CASE HISTORY During the mid of October, 2012 I had a pain in my groin area, I was a regular player of Badminton every morning before my office for atleast one hour before the office, I thought that it was a muscle cramp, I continued the play as well as attending the office. But the pain does not subside for weeks I consulted the Doctor but he prescribed me a pain killer (SOS) even then it does not subside, I went to a Orthopaedics and states that all my problems about my pain. He ask me to take a X –Ray and MRI during the month of Jan 2013, and diagnosed as Avascular Necrosis of Both hip (Stage II and III respectively). Later he refered me to Sancheti Hospital , Pune for Total Hip Replacement for both the Hip joint, fortunately the Orthopaedics Team decided that it is to early to undergo Total Hip Replacement considering my age (at present I am 39 years. Since then I have been prescribed Calcium tablet and Pain killer (SOS). I took leave from Nov-14-2012 and reported back to office on 2nd May 2014. Submitting all the necessary medical treatment related documents, then a medical board was held in the office on 13th may 2013 in which the result was undisclosed to me stating that, this type of illness will be decided by the management. Since then no further information has passed from the office whether to resume the duty or to leave the office. I am just kept hang which led me to a frustration about my future. So , is there any laws that a person who is suffered with degenerative disease during his service period can be prevented from resuming his duty STATING THAT HE IS NOT FIT FOR THE ASSIGNMENT, Sir, if I want to pursue legally in order to resume my duty then what are the steps???. By God grace and homeopathic treatment and exercises I am improving in my conditions that’s why since 02nd may 2014 I reported my authority to resume the duty.(but the disease is controlled and I am improving day by day, but they ( My organization that is State Bank of India) are not ready to accept ) Present situation: there is no intimation whether to join or otherwise, it has been a year long which kept me without salary. This leads to a multiple problems in my family. At present I am not allowing to attend the office by my Organisation (State Bank Of India) stating that it is a progressive disease (but not so in real case) so I am not fit for the assignment which also aggravates my frustration to my future life. So, please help me to get back my job position. I am eagerly waiting for any suggestions, ideas from the learned teams.

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Kumar Doab (FIN) 28 May 2015

Did you submit regular leave applications and do you have acknowledgment of having reported for duty, having submitted the medical record, call for medical board, communication asking to supply result of medical board by you and that you have been asked to remain at home, communications from your end asking to inform you to whom you should report etc.................?

Did you report to bank Employee's Unions, and submit appeal etc to Chairman etc?

You should show all record to an able Labor Law Consultant/Service Matters lawyer/Law firm and structure your communications so as to build favorable written record to suit your interest in the long run.................before you act and approach court of law.

The counsel that has examined the record can advise you the ebst on merist and remedies.

DANIEL S M (ASSISTANT MANAGER) 07 June 2015

Sir, Yes i have submitted the extension of leave to the authority upto April 2013, but due to my illness i coulndnt submit after that, instead they serve a notice to me that i will be voluntarrily vacted if i didnot resume on duty within 30 days, by letter dated 10th April,2014. so i report on duty along with all the relevant medical certificates. then they decided to have a medical board from Bank side on 13th May on Office premises. after that there is no response from the bank side whether i have to join or not. just keep on telling that, reply will come from the authority. yes i had the scan copy of the applications which i have submitted as well as i attend the Medical board only in posting place along with the officials i have reported to our union only in the month of march 2015. Waiting for your suggestions sir.

Kumar Doab (FIN) 07 June 2015

You have posted that;

----“just keep on telling that, reply will come from the authority”

Telling is verbal mode.

----“i have submitted the extension of leave to the authority upto April 2013, but due to my illness i coulndnt submit after that, instead they serve a notice to me that i will be voluntarrily vacted if i didnot resume on duty within 30 days, “

“so i report on duty along with all the relevant medical certificates. then they decided to have a medical board from Bank side on 13th May on Office premises.”

It is one of the possibilities that your leave applications supported by medical certificates have been admitted……………………..Or you should claim that these have been admitted.

The medical board constituted has opined that you should be relieved on medical grounds.

----“At present I am not allowing to attend the office by my Organisation (State Bank Of India) stating that it is a progressive disease (but not so in real case) so I am not fit for the assignment”

Stating can be a written mode.

If it has been stated in writing then you need to approach medical expert from outside and obtain opinion whether it is progressive disease or not.

Thereafter you may build sufficient written record validating that nothing has been communicated/supplied to you in writing………………….and then must pursue even if thru RTI route to find what is the current status of your employment.

The discussion in bits and pieces won’t help you.

The generic opinion won't be of much use to you.

What is the opinion of your union leaders?

Have you contacted a lawyer? What is the opinion of your lawyer?

It is reiterated that: You should show all record to an able Labor Law Consultant/Service Matters lawyer/Law firm and structure your communications so as to build favorable written record to suit your interest in the long run.................before you act and approach court of law.

The counsel that has examined the record can advise you the ebst on merist and remedies.