Legal Question in Employment Law in India

Question

Dear Sir,

I have the following questions. I am eagerly waiting for the answers.

Question-1. I am working in the production department in a PSU for the last 12 years. Recently certain eyes problems have been developed in my eyes causing almost complete blindness in my one eye. But the other eye is almost OK but I am facing some problems in doing my allotted jobs. If I have to undergo the occupational health check-up and this blindness is proved or If my this blindness is further increased and my second eye has been got effected and became unable to do my present jobs, can my employer take steps to discharge me from my service on the ground of medical unfitness ?

Question-2. In my present condition of eye or If my this blindness problem is further increased and my second eye has been got effected, then can I seek permission from my employer for transformation to suitable jobs in the other department by showing my this eye problem ? If yes, then on which ground or on basis of which act ?

India | 721606 | Labor and Employment Law

Answer (1 of 1)

You should refer to and rely upon your service rules. If you need any guidance for interpretation of the rules, you may reproduce the same with your doubts.

Dear Sir,

I have asked the above question and got the answer also. Now my kind submission is that my service rule or my standing order didnot mention anything regarding termination on the medical ground and only it says termination will be governed by the contact of employment.

Sir, my contact of employment also didn't say anything regarding termination due to unfitness on medical ground. It only says termination onfurnishing of false information or suppression of any factual information, conviction for any ground by court etc. but no words has been said regarding unfitness on medical ground.

Sir, could you now clarify my above queries based on the above information of my service rules?


Asked on 4/10/10, 4:06 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

It may not be proper to record any opinion on the basis of incomplete information available in your statement. You may better show all your documents to a local lawyer for appropriate guidance.

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Answered on 4/11/10, 6:52 am


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