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Indian Law/Relieving on Medical Grounds


Hi Mr. Arun,

My question is that my wife started working in a company on 10th July 2012. She is having cervical problem & back ache too. the doctor has suggested her not to sit continuously for a long duration. Since is a Manager & has a sitting job she is unable to continue it. She wants to resign from the company but there is another issue also that she has not got the salary for the month of October & November yet as the company has no money to pay to the employees. She doesn't want to leave her salary with the company. Now she wants to get her salary from them so despite of being not well she is going to the office. I would like to seek your help in the form of few suggestions.
1. If she resigns on medical ground will she have to serve the notice period or not.
2. Please do also suggest that how can she get her salary from the company.
3. And is it possible to get immediate relieving on Medical Grounds as the Doctor has suggested her bed rest.

Please help me.
Waiting for your reply.
Vikramjit Singh

She will have to terminate the contract as per the terms of her engagement.The standard clause is that the contract may be terminated at any time by either party by serving the prescribed period notice or pay in lieu thereof.Normally the notice period is one/three months.

In view of the above, she may resign by complying with the said clause in her appointment letter.

Alternatively, she may remain on medical leave and after recovery re-join and then serve the notice,in case she still remains unfit to work.

As long as she will remain on the rolls of the Company, she will be entitled to salary.

Therefore, whenever, she resigns, she wil be entitled to claim all her retirement dues including last drawan salary,P.F.,Gratuity,Leave Encashment  etc.

Even if she serves notice for termination of contract, legally there is no bar to avail medical leave.But in that case, the management may extend her notice period or make adjustment for shortage in notice period.They can also waive the shortage in the notice period.

If she does not get her salary or other dues, whether during service or after resignation,she may file a recovery suit.

In view of the above,please take apprpriate action in consultation with a lawyer.Her top most priority should be her health.  

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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