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Subject: Inquiry – Lifelong Medical Rights for CKD Patient BY ESI,
17-Apr-2025 (In Labour & Service Law)
I was employed for the past 12 years and my ESIC contributions were regularly deposited.My employment was terminated as part of a large layoff (90% staff), My mother, Mrs. Manju Kumari, is suffering from bladder cancer, And I m also CKD -5 .Kidney transplanted. require lifelong medication, regular tests, and specialized care,
Questions:
1 Based on the above facts, can a petition be filed in the Delhi High Court?
Yes, you may file a writ petition in the Delhi High Court under Article 226 of the Constitution if your termination violated principles of natural justice or ESIC-related benefits. Given your critical medical condition and dependent mother’s illness, the Court may consider your case on humanitarian and legal grounds. While layoffs are permitted under industrial laws, arbitrary or disproportionate termination affecting medically dependent employees can be challenged. You may also seek continuity of ESIC benefits or reinstatement on medical or compassionate grounds. Strong medical records and employment history will strengthen your plea.
Helpful?
Adv. Nidhi Mathur
Delhi | 50+ Answers
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Certainly a Writ Petition can be filed for enforcement of your rights in the Delhi High Court. Will first need to see the papers though to understand the exact entitlements, with respect to your job and the documents at the time of lay offs.
Happy to help.
Helpful?
Adv. Nishtha Agarwal
Delhi | 25+ Answers
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