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Forced resignation due to leave because of illness


24-Sep-2023 (In Labour & Service Law)
Due an accident at residence, i had broken my spinal cord. Because of this i was on leave without pay, even though after three months i was forced to resign. What legal action can I take now?
Answers (1)

Answer #1
802 votes
No employer can act inhumanly and arbitrarily . Section 25-B (i) of the Industrial Dispute Act says " workman shall be said to be in continuous service for a period if he is, for that period, in uninterrupted service, including service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal, or a lock- out or a cessation of work which is not due to any fault on the part of the workman; " You need not submit your resignation rather you should submit a representation to your employer giving full account of your case. You may seek my help in drafting the representation if you so desire.

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