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Employee State Insurance (General) Regulations

Miscellaneous

Section 98: Discharge , etc., of employee under certain conditions

If the conditions of service of any employee so allow, an employer may discharge or reduce on due notice an employee-

(i) who has been in receipt of disablement benefit for temporary disablement, after he has been in receipt of such benefit for a
continuous period of six months or more ;
(ii) who has been under medical treatment for sickness or has been absent from work as a result of illness duly certified in accordance with these regulations to arise out of the pregnancy or confinement rendering the employee unfit for work, after the employee has been under such treatment or has been absent from work for a continuos period of six months or more;

(iii) who has been under medical treatment for any of the following diseases, duly certified in accordance with these regulations, after the employee has been under such treatment for a continuous period of 18 months or more, notwithstanding provisions of clauses (i) and (ii):

I. INFECTIOUS DISEASES
1. Tuberculosis
2. Leprosy
3. Chronic Empyema
4. Bronchiectasis
5. Interstitial Lung Disease
6. AIDS

II. NEOPLASMS
7. Malignant Diseases

III. ENDOCRINE NUTRITIONAL AND METABOLIC DESIRES
8. Diabetes mellitus and proliferative retinopathy/diabetic foot/nephropathy

IV. DISORDERS OF NERVOUS SYSTEM
9. Monoplegia
10. Hemiplegia
11. Paraplegia
12. Hemiparesis
13. Intracranial Space Occupying Lesion
14. Parkinsons Disease
15. Spinal Cord Compression
16. Myasthenia Gravis/Neuromuscular Dystrophies

V. DISEASES OF THE EYE
17. Immature Cataract with vision 6/6 or less
18. Detachment of Retina
19. Glaucoma

VI. DISEASES OF THE CARDIOVASCULAR SYSTEM
20. Coronary Artery Disease
(a) Unstable Angina
(b) Myocardial infraction with ejection less than 45%

21. Congestive Heart Failure:
Left
Right

22. Cardiac Valvular Diseases with failure/complications
23. Cardiomyopathies
24. Heart Diseases with Surgical Intervention along with complications

VII. CHEST DISEASES
25. Chronic Obstructive Lung Disease (COPD) with congestive heart failure

VIII. DISEASES OF THE DIGESTIVE SYSTEM
26. Cirrhosis of liver with ascities/chronic active hepatitis

IX. ORTHOPAEDIC DISEASES
27. Dislocation of vertebra/prolapse of intervertebral disc
28. Non-union or delayed union of fracture
29. Post Traumatic Surgical amputation of lower extremity
30. Compound Fracture with chronic ostemyelitis

X. PSYCHOSES
31. Sub-groups under this are listed for clarification
(a) Schizophrenia
(b) Endogenous Depression
(c) Manic Depressive psychosis
(d) Dementia

XI. OTHERS
32. More than 20% burns with infection/complication
33. Chronic Renal Failure
34. Reynauds Disease/Burgers Disease

Related Keywords

Dismissal, Discharge, Termination

Health

Injury To Employee