Employer not to dismiss or punish employee during period of sickness, etc.
73. (1) No employer shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee unfit for work.
(2) No notice of dismissal or discharge or reduction given to an employee during the period specified in sub-section (1) shall be valid or operative.
COMMENTS
Where the name of the workman is removed from the muster roll that would amount to termination of service and such termination is retrenchment within the meaning of s. 2(oo) of the Industrial Disputes Act, 1947.-- Madhabananda Jena v. Orissa State Electricity Board 1990 (1) LLJ 463.
Factually speaking bar contained in s. 73 of the Act only requires the employer not to dismiss or terminate. In the case of voluntary abandonment there is no question of the application of s. 73.-- Guest Keen Williams Ltd. v. P.O. Labour Court 1992 (1) CLR 433. |