Retrenchment benefit...
AK New Delhi
(Querist) 19 November 2013
This query is : Resolved
A helper in our factory joined on 1 August 2011. On 22th August, 2011 he suffered an accident in the factory due to his own fault and he broke his hip bone. The company initially got him treated in a private hospital and bore all the immediate expenses and later he was referred to the ESI where he recovered.
He was on medical leave from 23 August to 11.02.2012 and was drawing salary from ESI. He joined duty on 12.02.2012 but was acting very rough with the management. He was dismissed from service on 28.02.2012 as he was no more required for the job he was kept for. He worked a total 38 physical days and in our company record he had completed 212 days(ie. from 1.8.12 to 28.2.13).
This workman has filed a case in the labour court claiming full back wages and reinstatement on duty.
Please tell what benefits he is entitled to. He has not completed the mandatory 240 days to receive the retrenchment benefits. The company had also paid him about Rs 30000/- advance for running his home expenses when he was not in a condition to work. He has not acknowledged the help given by the company in his plaint.
Please express your views.
Kirti Kar Tripathi
(Expert) 12 February 2015
what is the language of termination order and what are details of actual working days including his paid holidays after rejoining of job.
