Legal Question in Employment Law in India

My father was a private company employee. He served at one place for more than 30 yrs. He was of 52yrs age. A year back he used to be local union leader for the staff of that division. Due to this there were frequent spats with manager for other staffs. Last year his union people lost elections. After that management started harassing the members of loosing side. On Diwali 2014, my father got a transfer order to a far away place in CHATTISGARH on account of report sent by local manager. He was a high BP patient. In office also he suffered some high BP attacks. He went to meet the higher management requesting to stop the transfer or make it to a nearby place as my mother also is a patient of low BP. They didn't listen his plea. One higher manager even left his seat as he requested hard to stop his transfer on medical grounds.

He went to the newly elected union but they just did some communication formality with higher management . when his request was rejected, he asked them some one month time so that he could complete my marriage ceremony and few other important works. On this they accepted and gave him one month time. He joined the CHATTISGARH unit in Jan 2015. He did not take my mother with him as proper medical facility was not available there.

He suffered a lot as he never lived alone at any phase of his life. His health condition deteriorated gradually. He made many requests for his transfer from CHATTISGARH to some nearby unit. But none was considered.

On 3rd June he lost his life in his room due to lack of medical care. What really happened on that day, still not clear. His post mortem report is yet to come. He didn't go to office that day but called the office boy twice as he is the only person not going for field work. Others go for field work in some villages nearby. The office boy didn't turn up to his help in time.

Evening I got the news of his death from one of his Neighbour.

We put a demand of compensation and a job for my younger brother who has completed b pharma and is pursuing MBA right now. They offered a job on contract basis with emoluments of rs 9000 per month. My brother teaches in some coaching institute so he is getting nearly thrice of what they offered. So he didn't agree to accept their offer.

The management said there is no rule for any compensation in company.

Now what options do I have legally to proceed against them. I don't have any receipts of his application request made to higher management to stop his transfer on medical grounds. Only one letter wherein he sought a month time is available.


Asked on 8/25/15, 12:51 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

26.08.2015

Dear Sir / Madam,

You should politely request the Company Management to settle your father's full and final settlement dues along with some monetary compensation amount taking into consideration that your father passed away while on duty.

Regards,

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Answered on 8/26/15, 7:15 am


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