Disabled private bank employee rights for employment
3 years ago
I am working in a private bank since 4 years,last year I met with a major accident and lost my both limbs. I am physically handicapped and multiple fractures. accident happened in October 2019 during my job and office hours, after that in March lockdown is happened. In May I recieved call from my senior bro resign my post else he terminate me.then I refused for resignation from my post.
Now they transferred my service location from Delhi to noida sec 132.
I request them to transfer my location to my near native place but he refused and says if not joined the service in given time which bank provides 7 days. Company should take action against me.
I am single working person in my family , please help me
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Srinivasa Prasad
Responded 3 years ago
In any case, if your reporting officer transferred you to other place without giving you a chance and considering your present position it is inhuman and against principles of natural justice, as such, you take transfer orders "UNDER PROTEST" thereafter Challenge it.
On your present medical and physical position, the Bank will consider your case as per the service rules of your Bank and post at your place of Domicile and allot you a DESK JOB to suit / support your position.
Good Luck
Shreesh Chadha
Responded 3 years ago
Not only should they not treat you like this, they should also have to compensate you. In any case, random terminations from service are rampant in lockdown period, and all employees have a right to challenge their termination.
Your employment contract will provide further information, so will have to go through that to see if they can randomly transfer you without just cause. There should be a clause in your contract to this effect. We can discuss further.
Regards
Adv Shreesh Chadha
1) Your prior appointment letter and confirmation letter have to be carefully read... As you said you made the major accident and lost both your limbs you must have got the compensation from the road accident insurance/Tribunal.
2) If not then immediately start the procedure of the major accident insurance claim and if your age is below 30 then as per your current job you are eligible get 25 to 30 lacs in motor accident compensation...
3) As you said that the accident occurred in the office hours then by default even the bank is liable to pay for your disability and cannot terminate you from the services....
4) U can demand one time compensation from you are bank and exit from the work after you get the compensation...
5) About transfer in the job to your native location stands…… has the bank should have such kind of post available near your native place Bank....
6) As you already become physically handicapped during the job itself the company cannot take action against you even if you don't join within 7 days, but it is a very high time that you require the very skilled lawyer to get compensation from you are a major road accident and also compensation benefits from your current bank as you said you was on the bank job ON THE DAY when the incident occurred. If it is such then what all compensation have you got till date …. There are various legal remedies ready in your case.
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ADV. ANISH PALKAR (High Court)