Can i sue my employer for loss of service?
Niladri Das
(Querist) 11 December 2015
This query is : Resolved
I work in one of the PSU banks in India. Due to some medical reasons, I remained absent from service from May 06, 2014. In January 2015, I wrote a letter to the bank citing reasons for my absence and expressed my desire to resume duty. The bank issued a showcause letter for not informing them and allowed me join office. However, due to separate medical reasons I was not in a position to resume office and I asked for extension of leave on medical grounds. On May 18, 2015, when I was fully fit, I went to the bank for resumption of duty. However, I was not allowed to join and I was just told that my case has been referred to Head Office. After a gap of four months, the bank decided to go for a medical board to ascertain whether my claims are genuine and whether I am fit enough to resume duty. The said medical board was conducted in September and the board referred the case to a hospital in state capital. After that the bank decided to conduct fresh medical board in a government medical college in the state capital in the month of September - October. After, two rounds of sitting, the medical board has declared me fit and I am still waiting for letter from bank to join service.
Assuming that bank will allow me join office in next few days, can I ask for compensation for the loss of service since May 18, 2015, as my claim of medically fit was endorsed by the medical board. what I feel is that the bank could have allowed me join office and could have conducted medical board thereafter if they were in any kind of doubt.
I request you to kindly advise me regarding my legal options.
thanks and regards,
P. Venu 
(Expert) 12 December 2015
Facts are incomplete. Had you availed leave on the strength of Medical Certificate? And, had you produced Fitness Certificate while reporting back for duty?
Niladri Das
(Querist) 12 December 2015
Dear P. Venu ji, many thanks for your kind reply. Yes, I have submitted medically fit certificate on both the time, i.e. when I first informed the bank in Jan 2015 as well as in May 2015. As I have stated earlier that after my first letter in Jan 2015, Bank allowed me to join but due to sudden medical issue (one side of my body got numb) I requested for extension of the leave citing the medical condition and also submitting prescription of the doctor concerned. Finally when I went to join in May 2015, I submitted two medical certificates, one for the illness that happened in the recent past (numbness) and also the copy of the earlier submitted medical certificate (original was sent along with letter in Jan 2015). It may also be mentioned here in that when the bank conducted the first medical board after a gap of three months(in district headquarters) it directed the boaard it directed the board to ascertain whether my claims were genuine. However, the medical board was cancelled and it conducted a separate medical board in the state capital where the board was requested to ascertain whether I am presently medically fit and it is now confirmed that that the board has given me a clean chit. I hope I am able to give all the necessary information. My contention is that the bank could have allowed me join and then could have gone through the medical board. I feel that the delay is quite inordinate. from May 15, 2015 and still counting. yet to receive any official letter. Looking for your kind advise. thanks and regards,
P. Venu
(Expert) 12 December 2015
There is no question you being allowed to join when you continue to be in service and happen to be posted in a particular post. The only requirement is that an employee who has availed of leave on medical grounds should should produce fitness certificate.
However, the tone and tenor of the query and the subsequent explanation suggests that there are far more issues than you have revealed.
Rajendra K Goyal
(Expert) 12 December 2015
Have you send medical leave application supported by medical certificate from time to time during your leave?
Have you informed and applied with medical certificate for leave when you were unable to join Bank on asking to do so?
Whether any communication received by you from employer during your absence?
On asking to join by the employer, you should have reported and should have again proceed on medical leave.
You have not informed the nature of disease.
If you remained absent even for few days even on medical grounds without proper authority, Bank can initiate disciplinary proceedings against you. It seems the Bank is very liberal / lenient towards your acts and till date has not issued charge sheet to you.
Better join Bank, claim your due (?) through humble worded applcation.
advocatepassy@gmail.com 971794
(Expert) 12 December 2015
Your first leave of over 7 months without informing the employer was irregular. They are now suspicious of your conduct. They could have terminated your services due to unauthorised leave. So do not think of claiming any loss of salary otherwise they will terminate you
Kumar Doab
(Expert) 12 December 2015
The experts have read and responded to the query.
The analysis is complete.
Further the author has to reveal balance facts, if any.
K.S.Srinivas
(Expert) 15 December 2015
You are absent from duty from May 2014 to January 2015. It looks you have not given any sort of intimation regarding your absence or requesting for sanction for the above period. Absenting from duties without giving any intimation or without getting any sanction of leave constitutes misconduct. On this charge, disciplinary action was already initiated against you by issuing a show cause notice. If you claim compensation, I apprehend the bank may impose any punishment for the above mentioned misconduct.
Kumar Doab
(Expert) 20 December 2015
Whatever is your private and personal strategy, discuss with an able counsel in person and show all docs on record and understand if your approach can withstand test of law.
As far bank is concerned it has apparently played its part well.
Guest
(Expert) 20 December 2015
Question of medical fitness certificate is a secondary issue. The first and foremost issue is whether you submitted all the certificate of illness from a competent authorised medical attendant within the prescribed time by the bank?
Also, for suitable advice, how they proceeded with the case is required to be examined in detail with reference to all your records of leave and disciplinary proceedings.
