Dissmisal from service
madhukar
(Querist) 04 September 2008
This query is : Resolved
Dear friends,
I was working with mininavratna company which is PSU.govt of india hold 63% of shares of our company.
i was working for past 9 years as an officer.i had been dissmissed from the services in an Ex parte enquiry conducted by third party.my query are as
1.will i be entitled to get the gratuity.2.what abt my pf,can i get the employers contribution to the pf. 3.what will happen to my contribution to supperannuation fund.4. my medical reimbursement are pending with the company for past 8 months worth 1.25 lacs. company management seems to vindictive towards this claims. in case they create problems for reimbursement,then what are the remedies for me to get my bill clear.5. can company issued me a letter of work experince on my request, which i need to produce get new employement.
please suggest.
ESTHERPRIYA
(Expert) 04 September 2008
Dear Sir,
Your case is a reasonable one as you have worked under them for 9 years you can claim certain benefits only.
1) you have worked there for more than 5 years you have a claim for the entire PF and Gratuity and SUperannuation and other benefits.
2) But as you have been charged with disciplinary action and dismissed then you have a limited claim.
You can claim only the contributions of PF and Gratuity made by you only but not by the employer. Moreover for superannuation benefits, you are not entitled as you are dismissed from service for some grounds.
3) Hence you have the best way to file a case and show that the entire proceeding conducted by the company is not fair and against natural justice and in case you dont have a good case write them to get your amount refunded.
Murali Krishna
(Expert) 05 September 2008
Dear Madhukar, PadmaPriya has suggested you aptly.
As you were dismissed from service your entitlement for Gratuity would be limited to your contribution. You are entitled for claim of PF amount. Medical reimbursement depends upon the service conditions.
I feel that work experience certificate issued by them would also include the fact that you were dismissed from service, and this may not be liked by you.
If you challenge the entire proceedings of your dismissal as suggested by Padmapriya, you may get some relief.
