Legal validity of termination

khokan majumdar (Querist) 25 April 2013 This query is : Resolved
Respected sir,
one production worker got his right foot 2/3
amputed because of disease hence his job is
hard so referred for civil surgeon's opinion.
civil surgeon declared him fit with a remarks
of rt.foot amputed.now management wants him to leave the job with some compensation on
welfare ground as his physical deformity is
not attributed to company job.how far this act of termination is legally justified? pl.
advice.
Regards
khokan majumdar

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Raj Kumar Makkad (Expert) 25 April 2013
If a workman do not fulfil the requirement of the company, the management cannot be forced to retain such employee and thus the provisions of Industrial Disputes Act should be adhered to in such situation for providing the compensation.

Devajyoti Barman (Expert) 26 April 2013
His termination is not legal. Complain with labour Commissioner.

Sudhir Kumar, Advocate (Expert) 26 April 2013
before agreeing or disagreeing with experts i ask if it is govt company

khokan majumdar (Querist) 27 April 2013
Respected sir,
It is not govt.company.
Regards
khokan majumdar

prabhakar singh (Expert) 27 April 2013
When he comes under labor law protection he should go to labor commissioner.He needs to prove his physical deformity is attributed to company's job to get relief.