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Indian Law/Left the COmpany due to medical Reasons

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Question
Dear Sir,

Greetings!

I am 34 years old and working with a Nagpur Based Organization as Area Manager - Delhi/NCR and on 19th July, 2013, I went to Punjab and had an heart attack and the same was informed to my head office by my wife but no response have been received from them and now when I am asking about my reimbursements along with the salary which they deducted, they are saying that I need to give my resignation first then they will see.

Kindly help! What should I do?

Waiting for your response.

Regards

Answer
Leave is not a matter of right but fully at the discretion of your employer to sanction/reject it.It is governed by the HR Policy of the company.Normally in most of the organisations,an employee is not allowed to remain absent for more than 3 days without prior intimation.If he does so, he is treated as on un-authorised leave.However, there may be exceptions in case of genuine problems like your case.They should have sympathetically considered your case because of the sudden heart attack.But you should have subsequently submitted personnally an intimation about the said incident in addition to earlier one sent by your wife.
Resignation is a voluntary act of the parties and hence forced resignation is no resignation.
In view of the above,You may inintially submit a very well drafted representation,preferably through a lawyer to sanction you Medical Leave attaching a copy of the Doctor's certificate.
If they do not listen to you,you may serve a legal notice to be followed by a court case.However,the said action will be time consuming and expensive.So best course would be to try for a job elsewhere and then resign.
Please take appropriate action in consultation with a lawyer.

Indian Law

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Arun Kumar Maitra

Expertise

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.

Experience

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.

Organizations
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

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

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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