Home > Legal Discussion Forums > Labour / Employee Related Laws

Disablement person salary & compensation

pramod Contributing Member - Member Since: Oct 2008
Subject - Disablement person salary & compensation
Hi Friends,

I want to seek some clarifications from my learned friends about laws governing the Disablement employees- let's read the whole case-

A clerck in a office met with an accident while on duty in 1999. (his date of joining was 1997 )till date the company is paying him full salary.doctor has given the Percentage of disability 55% , now he is demanding for compensation.

now my question is that at the time of accident in 1999 he was eligible for compensation, and from 1999 to 2008 regularly we are paying him full salary .is he entitle for compensation. have we done any fault, to pay him salary instead of compensation .

may pl. reply my friends

Regards

Pramod Kumar Tripathi
[What man has done, a man can do]
,
Kamadana
malikjs Contributing Member - Member Since: Oct 2008
Subject - Re: Disablement person salary & compensation
Dear pramod
if u are paying him full salary does not mean he will not be entitle for compensation.
legally you were not reqd to pay salary but u were paying him on humanitarian ground.
so he should get compensation.
but here now question comes he was working as clerk and employee working on clerical duties
are not covered under workmen compensation act .so under which act he is asking for compensation.has he filed case in any court.
tks
j s malik
jitendersyadav Contributing Member - Member Since: Sep 2008
Subject - Re: Disablement person salary & compensation
Dear,

An employee can ask/put the case for claiming compensation within two years to the CEF.

Rgds/Jitender
pramod Contributing Member - Member Since: Oct 2008
Subject - Re: Disablement person salary & compensation
Dear J S Mallik Ji
Actually He has not filed any case in courts but he has put up a letter to management & mgmt has directed me to arrange to pay compensation,
now gaisn the question is that whether after paying the compensation shall we continue his monthly salary, suppose that we terminate him on account of his inability to work any legal issue may he raise


Pl. Reply

Pramod

 


Topic Categories >> workmen compensation ° workmen compensation act °

More replies may exists. Please Login To View All Replies (Forgot Password?) (Enroll & Register)
User Name: Password:

CiteLegal is a community KnowledgeBase available to everyone at no cost.


Sponsor Cite.CO - Contact Us - CiteLegal Index - Privacy Statement - Top - RSS    

Privacy Policy | Disclaimer | Terms Of Service