Termination from services without information
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Sir,
I was a permanent employee working as Sales Manager with private insurance company before I suffered a road accident on duty hours on dated 31 Jan 2008 and suffered a head injury.
I was under treatment for more then 10mths in different hospitals in India including AIIMS. From 13th Nov 2008 I continuously asked my company to clear my job status and rejoin my office and duties. but company did not replied. My effort to sought out the problem through my continuous approach to Higher official failed and ultimately, on 12 May 2010, on reply of my mail dated 08th May 2010, company served me the termination letter through a scan copy of dated 22 April 2009, attached to the reply mail, reasoning of not availing authorize leave and information. Whereas I have submitted all my documents through my parents personally to the local branch. Moreover, On the site of accident the Area Manager and one of my colleague both of themselves were present and my colleagues is a eyewitness under section 166. Company officials did not even asked me to clear my status neither corresponded with me in past nor paid any medical benefit or compensation to the said event besides terminating my services. Kindly let me know what should I do now to regain my status?
Devajyoti Barman
(Expert) 21 December 2011
The Company has certainly done aworng a thing.
One this is for certain and that is you are not going to be reinstated in the job.
But you should file a suit for damages against your employer.
Raj Kumar Makkad
(Expert) 21 December 2011
In the given facts, you have no other option to go to civil court but it shall be better for you to first approach Insurance Ombudsman so that a quick response/settlement may be arrived otherwise the path of civil suit is somehow longer.
Devajyoti Barman
(Expert) 21 December 2011
Dear Mr Makkad, the Ombudsman does not deal with the employment issues of the employees of the Insurance employees.
It is enacted ti resolve the grievance of the customers against Insurance claims.
mahendrakumar
(Expert) 22 December 2011
Yes,Mr.Barman is right on that count.
Guest
(Expert) 22 December 2011
You may go to court with your case, but you will have to convince the court about what transpired about your absence between you and your company between 31 Jan 2008 (accident date) and 13th Nov 2008 (date of the start of your correspondence with company). You have not mentioned anything here about any of your correspondence with your company about when did you send intimation about your accident or applied for leave and sent any medical certificate in support of your application.
Naturally, the employer will not wait for 10 months to the employee's reporting for duty and not sending any application for leave for his absence, if you had not informed about your accident and applied for any leave in time after your accident.
Querist :
Anonymous
(Querist) 23 December 2011
Thanks to Mr. Barman, Mr.Shah, Mr. Prabhakar Singh, Mr.P.S.Dhingra, Mr.Rajkumar. Makkad, Mr.Mahendra Kumar for your valuable Guidance.
Infect I have already mentioned that In since I was admitted in hospital, I have submitted my all medicals sick certificate etc submitted to my local office through my mother personally. Moreover, the report of incident was known to each and every body of my local office because My AREA MANAGER, and My one of the colleague themselves were available on the site of the accident and are recorded as a eye witness to the witness under 161. At police station.
Moreover, I have worked for four days and attended my office till 5th February before I became unconscious due to the effect of internal head injury, in my office on during Morning hours and I was admitted by my colleagues to the Medical Collage and later informed my family members.
I would like to mention I was a permanent employee of the company and should have been supported with a medical facility which was neither provided to me nor I was been ever asked even though i Have submitted all my regarding documents to the company timely.
Moreover, I was paid salary till March 2008, Where as per my termination letter(Dated 22 April 2009 which was received by me through reply mail on 12 May 2010)my services has been terminated by the company i.e. from 5th February 2008.
After my continuous approach to resolve the matter in house, I submitted application to Labour Commissioner for conciliation in which we failed in the conciliation as a result company did not agree for conciliation.
Kindly suggest me should I move to Central Government Industrial Tribunal?
What is the procedure as already we have completed 45 days of conciliation process and the time frame for the final result?
