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....
