Labour laws
Querist :
Anonymous
(Querist) 26 December 2011
This query is : Resolved
Sir,
my son was suffering from schizopernia and when he was taking treatment he has resigned the job without the knowledge of his wife and children and parents. He was an central government defence employee and he has not taken any settlement also. Now through some relaible source we came to know that he has resigned. doctors in Nimhans have given fitness certificate for rejoining the duty. But since he has resigned and not taken one rupee as settlement we went and met the director of the organisation and he told that the we have to taken up the matter witht he Head quarter. So we made an request to the Headquarter but till date there is no reply. He has put 9 years of service and he ha two children and old parents, wife what is the best way to get back his job can his wife proceed legally. Is there any way to get back the job. Accooridng to law with in seven years we can request for job they say. please advice.
Sudhir Kumar, Advocate
(Expert) 26 December 2011
Basially apparetnly not much hope. If he was given fitness certificate then he was fit enough to decide to resign. There is absolutely no need to consult wife and children from accepting resignation. Please let me know who was appointing authority and whether the appointing authroity has accepted resignation. I am now aware s to under which law you can get back the job within seven years. There coul dhve bene a case for revokation of resignation within three months as a goodwill jexture if (i) the circumstances hve changed and (ii) his continuation is in public interest. There can be hardly any public interest in continuation of a schizopherania patient. Unlucky case, if he was medically discharged thenhis wife could jon que for compassionate job. Here is is prima-facie a case of voluntary resignation.
Nadeem Qureshi
(Expert) 26 December 2011
I think Mr. Sudhir is rightly explained
prabhakar singh
(Expert) 26 December 2011
UNLESS IT CAN BE PROVED THAT ON THE DATE HE RESIGNED HE WAS MENTALLY ILL AND WAS NOT FIT TO TAKE ANY SUCH DECISION,PERHAPS NO HOPE IS THERE BUT CIRCUMSTANCES WARRANTS YOU TO CONTINUE PERSUASION WITH DEPARTMENT MAKING THE FILE RIPE TOWARDS THE HINTED POINT.DOCTOR TREATING HIM MAY HELP,TALK HIM TOO.ALSO KEEP IN TOUCH OF A GOOD LAWYER AT GROSS ROUTE LEVEL DEALING DEPARTMENTAL MATTERS.
Guest
(Expert) 26 December 2011
Before acceptance of resignation he could withdraw his resignation. After relinquishment, chances are very thin. You along with his wife may better approach personally the higher authorities, if the competent authority can reconsider his request with condonation of break in service.
Sankaranarayanan
(Expert) 26 December 2011
U find When he put up his resignation letter and why they stoped the settlement and what reason it been delayed .
Sudhir Kumar, Advocate
(Expert) 26 December 2011
kindly see he never alleged stopping of settlement. He is only entitled to PF adn Gp Insurance depsoits for which he has to apply. If not given after application CAT is the appropriate forum. Mr Dhingra is right only mercy can be the way out. However, it is least likely for higher authority to go out of way and to saddle itself with carrying on with a psychaitric patient in office. However in addition you can also explore (i) if resignaton was forged, yes as a shortcut of dismissal this can also be there (ii) If the resignation is accepted by appointing authroity yes this is possible that some accepts the resignation relieve the persons without being appointing authority. (iii) whether after getting fitness from doctor he again went in bout of depression and resigned?
Devajyoti Barman
(Expert) 26 December 2011
Yes rightly advised and nothing to differ.
Deepak Nair
(Expert) 27 December 2011
I agree with Mr. Sudhir Kumar
