Denial of pension
Querist :
Anonymous
(Querist) 07 May 2019
This query is : Resolved
I WAS WORKING WITH COOP BANK IN MUMBAI. MY EMPLOYMENT WAS TERMINATED & BY SETTLEMENT/AGREEMENT THE BANK PAID LUMP-SUM AMOUNT TO ME. BUT THE PENSION IS NOT PAID TO ME. THE BANK HAS THEIR OWN PF TRUST. WHAT IS A LEGAL OPTION ?
Dr J C Vashista
(Expert) 08 May 2019
Incomplete information can not lead to form an opinion and advise.
Why was your service "terminated", which is otherwise a punishment?
Whether the Bank service is pensionable?
PF has to be controller by State Commissioner of Provident Fund and not an employer (Bank in your case), recheck,
It would be advisable to consult a local prudent lawyer practicing service matters for better appreciation of facts/documents, guidance and proceeding.
kavksatyanarayana
(Expert) 08 May 2019
Dear queriest, Is your post pensionable. you have not stated the reason for termination of your employment. Usually without any reason, an employee of an institution cannot be terminated from services. if there is any genuine in your case, put an application to the Director of Cooperatives (HOD) through RTI.
Querist :
Anonymous
(Querist) 08 May 2019
I am very much thankful to you all for showing interest in the matter. I hope, the detail information of the case will help me to get proper guidance and advise from all learned friends.
My employment was pensionable and the bank has their own pension scheme.. I was in the employment of the coop. bank since Jan 1981.I was dismissed from the service in July 2014 for the alleged misconduct (unauthorized leave, in-subordination) in 2007. In fact, it was victimisation as I was the President of the Employees' Union. The dismissal was challenged before the Labour Court. The Court sent the matter for mediation. Thereafter, the matter was amicably settled between the parties by filing the consent term in Aug 2017. The bank paid me lump-sum amount as "Termination Compensation" but denied pension to me.The bank was reluctant to reinstate me in the employment. I was due for retirement in Oct 2017. In this circumstances, is it justified to deny pension to me ? If not, what is a remedy to get the justice ?
kavksatyanarayana
(Expert) 09 May 2019
As per your narration, the termination period will not be counted for pension.
Sudhir Kumar, Advocate
(Expert) 08 May 2019
