Indian Law/Compensation

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Question
I have worked for a Pvt Ltd. bpo comapny for 4 years. on feb 10th 2013 while returning from office met with an accident in company cab. I was badly hurt and my left thigh bone broke. I got a rod operated in my leg and have not recovered yet. My comapny bore all expenses and even catered me to a guest house for few months with a maid. They did it but giving me lots of trouble. During these month I received a part of my salary. In the month of Dec when I told my company that I am 40% disable and cannot join my office any more. They asked me to resign and told that they will compensate me for the same. They even did not do any full and final for me. After 3 months now they said they cannot give me any compensation.Please help what can I do in this case?

Answer
Kashmira:

Appears you are passing through difficult times and my sympathy is with you.

If you are injured on your way to office in the conveyance provided by the company, then the company has not to take care of you. It is good that your company paid for the expenses etc.

Additionally you it would be just and appropriate that you should-
(a) get full pay for the period all along; and
(b) be allowed to continue work with full pay (regardless our your hampered physical condition) or you should be paid compensation for the disability caused.

Suggest firstly to point the above out to the company firmly but politely- verbally and then in writing by a registered letter further stating that what you are seeking is just and your legal right and that you will have no option but to initiate legal action in case the company doesn't not do the needful immediately further requesting that your case also needs special consideration on humanity grounds.

Good chances are the above will bring you the desired result. If that doesn't happen say in one or two weeks, then suggest to consult with a reputed labour lawyer and proceed accordingly.

Please do not dampen your spirit. Be positive and keep pursuing it with the company politely but firmly.  

Am sure, you will come out this soon.

Best Luck.  

Indian Law

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Rajeev Dewal

Expertise

Indian Law relating to Banking and Financial Transactions. Kindly read instructions on "Ask the Question" page before asking a question. Kindly note that the replies here are by way of general information and not to be taken as legal advice nor the same form any client attorney relationship.

Experience

Over 20 years as In-House Counsel and banker with International, Private and Public Sector banks in India.

Organizations
Currently, Head- Legal, RBL Bank Limited, India (see web: http://www.rblbank.com/).

Education/Credentials
BSc, LLB, CAIIB.

Awards and Honors
University Prize- LLB Examination, Distinction- CAIIB.

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