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mohandas_1986
14

Dear Seniors,
please clarify , One of my known company's Employee met with an accident and he losed his right hand ring finger. Company paid his compensation as per Employee Compensation act prescribes. The accident happened because of his negligence while duty .
Company don't want to keep that employee and terminated his services.
Is that employer liable to give employment to an employee who met with an work spot accident and claimed his compensation.
Regards,

From India, Palakkad
Babu Alexander
294

Termination of the workman is void ab initio , if the procedure under principle of natural justice is not followed, The negligence while on duty is to be proved. The worker should have given an opportunity to defend his negligence. Most of the industrial accidents while on duty, the Employer is responsible, based on the system and procedure. It is a proven fact.
Further due to loss of ring finger phalanges(s) his fitness / unfitness to the job have to be certified by a panel of Doctors from Government Hospital. On compassionate grounds normally management do provide alternative job, since it was an accident while on duty.

From India, Madras
mohandas_1986
14

Dear Mr Babu, One more aspects in this case , this terminated technician is on temporary roll, he is not a given any permanent nature of work. Regards,
From India, Palakkad
varghesemathew
912

If the accident was due to negligence on his part as mentioned in sec 3 of EC Act ,you should not have paid compensation.Termination is not the answer to that.
Varghese Mathew .9961266966
BIL PGDPM,
TVM

From India, Thiruvananthapuram
PRABHAT RANJAN MOHANTY
588

Dear Seniors,
Company paid the compensation as per Employee Compensation act for accident occured at work place. Why did company pay the compensation for the accident happened due to negligency.
The company can not terminate one's service for the vague reasons.
Employer is liable to give employment to an employee who met with an work spot accident and claimed his compensation.

From India, Mumbai
varghesemathew
912

Employer has no legal liability to give employment to family.Here the termination is illegal. Varghese Mathew 9961266966
From India, Thiruvananthapuram
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