Prakash 06 January 2017

Death settelment process was stopped by bsnl

Dear Experts,

I need your valuable suggestion to fight against the BSNL.

when comes intlo matter, im a junior laywer and my father is working in BSNL. 2 month back my father was died in service due to cardiac arrest in hospital. This happend when he was in leave and he was going on treatment. I Informed the department (BSNL) about the incident and casuality. They also noticed the incident. They given the forms for claims.(GPF,GRATUITY,PENSION,other serivce benefits). This month i went to office to submit the documents, the account office said we are unable to process your claims due to pending of bank loan which was MOU bank to Department. They also said bring th clearness copy from the bank then we will start the procee for claims. Otherwise we wont start the process. it will remains pending..

I aurged the Account officer and told that there is no rule or act to stop the Compulsory benifits(GPF,GRATUITY,PENSION), you have only right to attach was leave enchasement and arrears. But they denied to process.

I think according to

Section 60 of CPC

Section 13 of "the payment of Gratuity Act"

section 3 and 4 " provident fund act"

section 11 of the pensions act.

GPF,GRATUITY,PENSION are Protects or exempted from attachment. every suprme court order is also states same. But BSNL was not accepting these laws and they stopped the claims process.

1.) what can i do know.?

2.) where to approch now..?

3) what is the fast and better way to get claims.

please help me....

Reply Follow

6 Replies

Akash Kapoor (Owner at Shramsamadhan India) 07 January 2017

See with government departments this is the major problem. But owing to section 2(e) things may be different in gratuity, under this if a person hold a position ciivil post under government may be governed by there own rules. So first confirm that and see this https://www.aibsnloa.org/downloads/bsnlgratuity.pdf

Now if he was covered under the act or you have serious doubts, approach the controler of Gratuity or Gratuity Commissioner. They are normally found in the area labour department. Lodge a complaint with them under the act. For other things like PF and ESI same department will help you.

See this for gratuity https://www.shramsamadhan.com/p/payment-of-gratuity-act-rules.html

Prakash 07 January 2017

Dear Akash sir,

My sincere thanks for your valuable reply, I gone through the bsnl gratuity document which was linked by you. After verifying the documents my father is 100% eligible for gratuity. Because my father is an permanent in 1992. He was completed 24 years of continues services. He got cardiac arrest while in service and joined hospital and gone for treatment but unfortunately he was died.

can i lodge complaint under the act to the gratuity commissioner.

And one thing the behaviour of BSNL staff especially AO in CA Section is very unprofessional. What can I do about this AO…?

Sudhir Kumar, Advocate (Advocate) 07 January 2017

You are already aware of the facts that

"pending of bank loan which was MOU bank to Department."

You should first ascetain how much loan the deptt is required to adjust from tgerminal dues. You contention is not fully correct. PF canot be stopped/adjusted under any circumstance but due scan be adjusted from other dues. do not rush for legal notice without knowing the facts.

Please also check exact rule position :-

(i) whetehr pension and gratuity are payid unde the Acts stated by you r or under another stauttory provision [i.e. CCS(Pension) Rules or any other similar rules framed by the PSU]

(ii) whther the PF is payable under EPF&MP Act 1952 or under another stauttory provision [i.e. GPF(CS) Rules or CPF (CS)Rules any other similar rules framed by the PSU]. what about leave encahsment and Gp Insurance.