Has your father signed an undertaking that he will not claim dependent employment in lieu of accepting Rs 5 lakhs ?
2) if he has signed undertaking he cannot claim dependent employment
Dependent employment to family member of medically unfitted employee of SINGARENI CC Ltd
Good evening sir, My father was Ex SINGARENI employee. On Oct21/2014 he met with road accident and lost his Right leg above the knee. At the time of accident he has 9 months of left over Service. On 11/03/2015 Company medically unfitted him from further services. Later company sent a letter stating that as he is having less than 24 months of service, he is eligible for lumpsum payment of 5 lakh in lieu of Dependent Employment subject to giving an undertaking that he'll not claim Dependent Employment.Is there any chance for me to fight against company on this issue since in JBCCI agreement(9.4 clause) there is no time limit for Permanently disabled employees. Thanking you
Asked 7 years ago in Labour
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11 Answers
No, He didn't sign. And Does loss leg comes under Permanent Disability.? Clause 9.4 of JBCCI agreement provides the following. 9.4.0 Employment to one dependant of a worker who is permanently disabled in his place 6) The disablement of the worker concerned should arise from injury or disease, be of a permanent nature resulting into loss of employment and it should be so certified by the Coal Company concerned. (ii) In case of disablement arising out of general physical debility so certified by the Coal Company, the employee concerned will be eligible for the benefit under this clause if he/she is upto the age of 58 years. The term 'general physical debility' would mean deficiency of a workman due to any disease or other health reason leading to his/her disablement to perform his/her duties regularly and/or efficiently
Asked 7 years ago
Loss of leg would come under permanent disability
Your father can claim dependent employment
Thank you for your reply sir. But Company saying that as you are having less than 24 months of service we can't provide Dependent Employment. If i file a case against company in the court of law can we get Justice, Thank you sir.
Asked 7 years ago
Hi
As per your description you are entitled for the dependent employment under the condition of permanent disability
contest the matter and hope for the best
There is no such clause that provides employee should have 2 years of service left
2) your father should file application before CAT to claim dependent employment
RESPECTED SIR....
Firstly i would like to tell your father is facing permanent partial disablite in this type of disablement reduces the earning capicty in every employment in which he was capable of doing at the time of accident
2-in case of injury specified in part 2nd of sedule 1 the amount of compensation shall be % of the compentation which would have been payable in the % of loss of earning capicty which is caused by acident ...and job for you or other dependent will be only granted if mentioned in there rulings..
thanku
Sir, if in the company policy it is mentioned that you can't get employment for having less than 24 months of service, then you have to challenge the company policy but according to me your case will be not fruitful.
Hope my reply helps you.
In order to claim dependent employment your father must immediately file an application before the CAT.
No clause says that the employee madatorarily should have two year of services
It may be noted that loss of leg amounts to permanent disability.
Regards
You say that the company offered a lump sum amount in lieu of employment to the dependent, what did your father do, whether he accepted it or rejected the offer?
If he has accepted the offer then you may not be able to fight against it and if not then you can claim as per the prevailing rules, confirm.
Since the company has offered your father the compensation lump sum amount, it indicates that a dependent is eligible for which this offer was made.
Since your father did not sign the offer or accept the same, you may be eligible as his dependent for an employment, your father may be advised to apply for the same.
But Company saying that as you are having less than 24 months of service we can't provide Dependent Employment. If i file a case against company in the court of law can we get Justice, Thank you sir.
This is an employment under compassionate grounds hence the rules in this regard can be relaxed by the court using its discretion, you may apply for it, let the company reject the application, after which you may plan to approach court seeking relief and remedy.