Legal Question in Workers Comp in India

My Father was working in Coal India ltd. He was not medically fit for past 4 (four) years, that is since July-09 and was passed away due to ill health on 06-09-13. He submit the medical certificates through post to the office address. He could not able to join the office for the said period. Even we got a call from an employee that he got promoted.

After his demise, When we contacted the people for compensation, they informed us that he was being terminated on 3 months ago (sometime in July-13)

I need to know is this termination lawful?

We are from poor family and my father was in ill health for long and due to this we spend so much of money by taking loans. We need our rightful compensation. What should we do about it. We have not even received the termination letter, they said they given notice in paper and sent termination letter by post but we did not received it since we were out for his medical treatment and they know it. Also I asked them if you can call to inform about promotion then why not for termination.

Please guide me for this case as how should i proceed and what are my rights?

Asked on 10/25/13, 9:32 am

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP
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25.10.2013

Dear Sir / Madam,

You should first ensure that all your father's entitlements like PF, Gratuity etc. are paid by the Company in the name of your mother as the surviving legal heir. You should also check whether your father was entitled to Pension, and if yes, you should request the Company to commence the pension in the name of your mother. In short, you must ensure that all your father's dues are paid and settled by the Company immediately, rather than keep wasting time on whether he was promoted or terminated by the Company.

Regards,

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Answered on 10/25/13, 9:40 am
Rajiv Chandhok Ph: +919810050896 http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82
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I agree with Mr. Chavan You may drop in a detailed query at chandhokrajiv@gmail.com

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/241013

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Answered on 10/26/13, 6:35 am

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