Forced Resignation
7 months ago
Sir, this is just to give you an insight; On November 29,2022, I was fell down in the office premises during office hours and suffered with a severe backache due to spinal injury (I consulted with around 10 Doctorsb & I was advised by all the doctors to undergo surgery and the EG Management has also asked me to go for the surgery and join the office ASAP), which I did on July 04, 2023. I have submitted all the relevant medical documents to HR and to the Management in support of my absence.
I was on sick leave for approximately 2 months to recover from the surgery (as per the doctor's advice). During this time, I was in regular touch with my line manager and kept them updated on my progress. I had also informed them of my plans to return to work from August 01,2023 and i joined the office but as the wound was fresh and I feel pain while longer sittings, I was asked to take rest and come back after only you will perfectly fine . Then i joined the office again on August 21,2023 and again the management said that you should take rest and join only after you will be perfect. I have told him (Mr. Sandip Sengupta) that it may take time and as per the doctor's advice it will be recovered only if i will get into my daily routine life.
After all this happened I have informed my line manager and to Mr. Sengupta about my joining from September 4th September (as my line manager had discussed and brief me about my KRA/ Profile on August 22,2023).
However, when I arrived at the office after the prayer meeting at HQ on September 4th, I was asked to resign from my job. I was told that "my position is no longer needed".
l could not understand how is it possible because a week ago they were briefing me about my new responsibilities and now they are saying that my position is no longer needed as the company has no funds to give salary.
I am deeply disappointed by this decision. I have been a loyal and hardworking employee for over five (05) years, and I have always gone above and beyond my duties. I am confident that I would have been able to make a full recovery and return to work at full capacity.
I believe that this decision is unfair and discriminatory. I have been treated differently from other employees who have taken sick leave for similar reasons. I am also concerned that I have not been paid my salary for the period of my absence.
A forced resignation is a synonym of termination. It is not legal to terminate an employee while they are on sick leave. According to the Employees' State Insurance Act, 1948, an employee who is on sick leave is entitled to full wages for the duration of their leave. The act also states that no employer can terminate an employee during their sickness period, and if the employer does so, it will be considered an offense under the act. Moreover, the Industrial Disputes Act, 1947, prohibits the termination of an employee who is on medical leave. If an employer violates this, the employee can challenge the termination in the labor court, and the employer may be penalized for wrongful termination. However, if an employee has exhausted all of their sick leave and is still unable to perform their job duties, the employer may terminate their employment on grounds of prolonged illness or incapacity and in that case, an employee deserves compensation for discharge from service on medical grounds from the employer. However, the employer must provide a valid reason for the termination and follow the proper procedure applicable under the labor laws. So, in the prevailing situation, if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then after serving a legal notice to the Company, reach out to the office of the Labour Commissioner concerned for filing a complaint against the employer for arbitrary and illegal termination from employment without compliance of the mandatory provisions of I D Act failing which you can also raise an industrial dispute u/s.2A of I D Act directly before the Central Govt. Industrial Tribunal or State Industrial Tribunal depending upon the class/sector of establishment you belong claiming reinstatement in service with back wages. Apart you can also file an application u/s.33C(2) of the I D Act before the concerned Labour Court claiming F & F settlement dues from your employer. Otherwise, you have to file a civil suit against the company for recovery of your dues and appropriate relief. In case you need any assistance in the matter of drafting the complaint or raising a dispute under I D Act before the Industrial Tribunal you may contact our legal team with the relevant papers.
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