About VRS and Partial disablement.
(Querist) 10 April 2008
This query is : Resolved
I need help?
On 13 june 2006 my father met an accident (alkali burn) which result in loss of vision in left eye and this accident occured on job as he is an instrument engineer.He finally joined his job after fitness in december 2006. From that point of time continuously management is trying to force him to take VRS and what ever insurance amount we receive from the insurance company ,from that compensation amount company has deducted those expenses which ever was paid by company and we received a small amount of compensation.In 2007 all employees received profit distribution and my father was paid noting and no increment in salary was given and even in this year also they are planning to do the same.
NOW my question is:
1) Is there any provision in law which can protect him so that company can not compell him to take VRS?
2) Is it leagal to stop increment and other benifits like (profit distribution)
Do we have any rights so that we can live peacefully and IS company is liable to pay compensation for this disablement?
Please help me!
(Expert) 10 April 2008
See, there is a provision under a workmen compensation act. If employee met with accident ariseing during employment then employee have right to obtained compensation. Another thing is that about retrenchment i.e Termination of Employment so, there is a provision in the Industrial Dispute Act. you can refer this provisions under this act through web site. For further suggestion i need complete facts i.a whether company is come under industries etc.
H. S. Thukral
(Expert) 10 April 2008
Dear Mr. Srivastava
Under the Workmen Compensation Act, your father is entitiled to a compensation which is calculated on the basis of age, wages and loss of earning capacity as per provisions of the Act.If the injury is not specified in the schedule to the Act, medical officer will certify the loss of earning capacity. Either the employer or the Insurer shall be liable to pay it. It becomes due and payable on the date of accident and delay in payment attracts penalty and interest. Primarily the employer is liable to pay but it can be enforced agasint the insurer also.
No deduction towards expenses incurred by the employer towards treatment of his employee can be deducted from this compensation.
Rest of your problem is purely enforcement of service conditions. Stoppage of annual increment under service conditions tentamounts to a punishment which can not be imposed without following principles of natural justice. Remedy lies either by reporting the action as an unfair labour practice to the labour authorities or claiming the amount due by filing an application in the labour court directly, under the provisions of section 33C(2)of the Industrial Disputes Act.
Regarding VRS, the employer LEGALLY can not force the employee TO OPT FOR IT BUT IT IS SEEN THAT SOME EMPLOYERS RESORTS TO UNFAIR PRACTICES TO GET RID OF UNWANTED WORKFORCE UNDER THE GARB OF VRS. It appears from your query, that the employer in the case of your father is, by resorting to stoppage of increment,indulging in such tactics. Legal remedy is availble only when the services are terminated illegally and arbitrarily. VRS and resignations are voluntary leaving the job, UNCHALLENGABLE, unless proved that such VRS or resignation was obtained under undue influence.