Legal Question in Employment Law in India

Due to my wife�s critical health related issues, I inform to my manager and applied for leave by mail and come back to my home in Gwalior on 21st of April 2011. I am posted in Noida and my family is staying in Gwalior. After some days, I went to Kolkata for better treatment, because of my wife�s health wasn�t improved. After consulting the doctors in AMRI Hospital in Kolkata, they find that there was some wrong treatment/surgical operation did by doctors in Gwalior. Then after they starts their treatment and told may be it to be required to did another surgical operation to remove whole reproductive system, which is still going on.

In mid of May 2011, I inform to my manager that I am unable to come in office due to these health related issues of my wife. Then I went on 4th of July to rejoin my office, My manager told me to take clearance from HR, I take it and join. Meanwhile my family told me to come again because of condition of my wife is not good. I told to my manager to resign, he suggests me to consult with HR and if possible take some more days of leave. I go to HR and consult, HR told me, if I take leave again then if I have leaves left on my hand then with salary or otherwise of LOSS OF PAY. I agreed for leave with LOP and told to my manager and write a mail and left office on 5th of July.

Company gives me salary of this whole month still Aug 31st. When I write a mail to HR, on mid of Aug that I wants to join. HR told me to wait; still the talk to Vice President because of My manager left the organization in July. On 1st of Sept 2011 HR call me and with allegation that I didn�t inform any time to the company about my leaves, they told to resign. I did on same day. But when I go to take my reliving Vice Precedent Told me that due to I am not working for the company since 1st April and not inform to company, I have to return the whole salary up to Sept 2011 of 5 months. Then I send/forward him that mail which indicated that I gone leave from 21th of April. He told HR to calculate the whole amount from 21st April to Sept 31st. On 21st of Sept HR send me a mail to return Rs. 63042/- as of 5 month of salary.

But in this point, I also have some questions?

1. I have 20.5 days of PL, 6 days of CL and 2 Days of RH left in my leave account, why this leave is not detect?

2. From 21st April to 31st Sept, If we count days then it�s become 4 months 10 days, then why they told me for 5 months?

3. What is the importance of Employee Relief Fund, Every month Rs. 150/- detect form every employees salary to help employees during these circumstances, if another employee gets benefits they why should not I?

4. What is the importance of ESIC, They give me approx Rs. 19,000/- in whole year and rejects my all claim with remark �Sum Insured Exhausted�?

5. I was in office on 4th and 5th of July and after get conformation by my manager I left office, he told me to go. Then why they told me, I didn�t tell or inform to anyone about this leave, otherwise they stop my salary. Even HR Knows very well. I have all the Mails.

I wants to know, Is I have any right to raise this issue in any court for a fair settlement?

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