Right of LR of deceased employee accused

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Right of LR of deceased employee accused

An employee is charged with Professional misconduct for the losses incurred by the employer. Post internal enquiry the employee is terminated from the services and proceedings of recovery of looses (by employer) are initiated against the employee. The employee incurs a heart attack and has to undergo bypass heart surgery and is advised complete bed rest for 3 months. Due to this, the limitation period of 90 days to challenge the dismissal in court passes by and the employee is not able to challenge the same. After few years, the employee passes away and his LR's are made party to the suit by the erstwhile employer of the employee who has passed away. Question: Can the LR's challenge the dismissal of the employee by the employer now (around 10 years have passes since the dismissal) to protect their interest.

1 year ago

Reply

Dear Client,
The application challenging the order of dismissal must be submitted to the Labour Court or the Industrial Tribunal, within three years for claims relating to termination of employment, from the date of discharge, dismissal, retrenchment, and other types of termination of employment. In the absence of the concerned employee against the dismissal order passed by the Company, his legal heirs or legal representatives cannot challenge the dismissal orders that require the delinquent employee's presence before the Tribunal/Court for examination and cross-examination. However, legal heirs can file a claim application for recovery of dues of the deceased employee within one year from the date on which the money became due to the workman from the employer: So, now it is time barred in both cases, i.e, challenging dismissal or claim of dues of the deceased employee.

S. K. Dutta

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Helpful

Dear Client,
In India, the Limitation Act, 1963, governs the time limits for filing legal actions, including challenging employment terminations. Under the Limitation Act, the general limitation period for challenging an employment termination is usually three years from the date of the alleged wrongful termination. However, there are some exceptions and nuances to consider. If the employee couldn't challenge the dismissal within the 90-day period due to a valid reason, such as being incapacitated after a heart attack, they might have an argument for a delayed filing based on reasonable grounds for the delay. The court may consider the employee's medical condition as a reasonable cause for not filing the challenge in time. After an employee's death, his legal representatives (LRs) may have the right to step into the employee's shoes and pursue the claim on his behalf, if it is permissible under the terms of employment and the employment contract. LRs can potentially challenge the dismissal on behalf of the deceased employee.