Rules and Regulations of India

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Section 98 – EMPLOYEES’ STATE INSURANCE (GENERAL) REGULATIONS,1950

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 other than tuberculosis, leprosy, mental and malignant diseases 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 continuous period of six months or more;

35[(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):

DISEASES

1. Tuberculosis

2. Leprosy

3. Mental diseases (psychosis)

4. Malignant disease

5. Paraplegia

6. Hemiplegia

7. Chronic congestive heart failure

8. Immature cataract with vision 6/60 or less in the affected eye

9. Bronchiectasis

10. Lung abscess

11. Myocardial infarction

12. Dislocation and prolapse of inter-vertebral disc

13. Parkinson’s disease

14. Aplastic anaemia

15. Cirrhosis of liver with ascites

16. Detachment of retina

17. Non-union or delayed union of fractures

18. Empyema

19. Intra-cranial space occupying lesion

20. Spinal cord compression

21. Chronic (simple) primary glaucoma.]

36[22. Monoplegia.]

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