Employer can have second medical opinion if employee medical records are doubted: J&K HC

Employer can have second medical opinion if employee medical records are doubted

Jammu and Kashmir High Court in Bashir Ahmad Wani vs. J&K Forest Development Corporation & Others (W.P. No. 2183/2020) reinstated an employee terminated for unauthorized absence, noting that the absence was due to medical reasons supported by medical records. The Court ruled that the absence could not be deemed deliberate, especially since the employee had applied for leave, which was not rejected. The Court also noted that if the employer had doubts about the authenticity of the medical records, they could have sought a second medical opinion.

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November 2024

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