Terminal benefit
subhra
(Querist) 11 October 2012
This query is : Resolved
in case of resignation within how many days the terminal benefits should be released?
if not released is the employee legally entitled to get any compensation from the employer?
Sudhir Kumar, Advocate
(Expert) 12 October 2012
vague auery. It dopes nto even show the details of employment whether Govt or private.
Guest
(Expert) 12 October 2012
Talk about your real problem, not like an academic query.
subhra
(Querist) 12 October 2012
it is a central public sector undertaking where in resignation acceptance letter it was shown resignation gets accepted with effect of 16 days earlier in the previous month.
e.g- on letter dated 14/09/12 it is shown that his resignation gets accepted w.e.f-28/08/12 but the employee was compelled to render his service till 14/09/12 as he was not having acceptance letter in his hand.
is that resignation acceptance letter legally valid?
Isaac Gabriel
(Expert) 12 October 2012
The employer is bound to pay salary till the date of relief,eventhough your resignation accepted retropectively.
Sudhir Kumar, Advocate
(Expert) 12 October 2012
represent to the CMD for wages upto the date of acceptance letter and then wait for the response
Guest
(Expert) 14 October 2012
If the work done by you is on record, you can legally claim the salary for the remaining period. You may also ask the management to issue resignation approval letter with revised date.
subhra
(Querist) 14 October 2012
It was applied many a times to the management. They are not at all giving any reply since it was procedural delay from their side. Even if whenever they are approached verbally or telephonically they are threatening us of " late payment of terminal benefits ". Can any management linger the payment of terminal benefits after the acceptance of resignation? within how many days it must be paid?
where these sorts of cases should be reported first? Is it labour commissioner?
Guest
(Expert) 14 October 2012
Gratuity, if delayed without any valid reason, would attract penal interest to be paid by the employer.
subhra
(Querist) 15 October 2012
sir you have talked about gratuity , can there be any reason after acceptance of resignation 'which I think automatically implies clearance from every angle i/c vigilance angle ,Financial no dues angle etc. 'for delay of payment of gratuity?
Again you have talked about penal interest , after how many days this clause becomes valid?
Guest
(Expert) 15 October 2012
Vigilance clearance, financial clearance, no due certificates are the formalities to be observed before acceptance of resignation. That can ve deemed to have been completed if the reignation stands accepted.
Payment of gratuity, if delayed by more than 30 days from the date that becomes due would attract payment of interest at the prevailing rates of FD.
subhra
(Querist) 21 October 2012
This problem has alredy been reported to public grievance cell , for how many days should we wait before approaching appropriate court.within how many days reply should come from grievance cell ?
Isaac Gabriel
(Expert) 21 October 2012
Grievance cell does not have the force of Law.The situation could only be addressed by the appropriate court.Don't waste time.
Sudhir Kumar, Advocate
(Expert) 21 October 2012
grievance cells of Govt bodies ar ename sake only. Your application should be to the court or to the quasi-judicial body inside the organisation who has the force of law.
subhra
(Querist) 12 November 2012
can i appeal to the court asking for a stay in the payment of salaries and other perquisites of the responsible officers for the total delay?
whenever the terminal benefits will be paid would i be eligible to get interest for the resignation period salary and other terminal benefits?
what kind of legal compensation should i ask for in the appropriate court?
Anirudh
(Expert) 16 November 2012
I think you are unnecessarily assuming so many things.
Except telling your story in bits and pieces and that too incoherently, you have not brought to this forum the full facts of your case.
What prevents you from discussing the matter openly, especially when you have resigned?
What is the great secret that you want to preserve?
Why don't you paste here the text of the letter whereby your resignation has been accepted?
Why can't you also paste the kind of representation(s) that you have made to your organization for release of your terminal benefit etc. etc.
I think you are trying to make a mountain out of a mole hill by asking several questions as though you would be immediately approaching a court, and the court will provide you the relief immediately!
You are going around the bush for the past one month, with no tangible results to your queries - because you only ask queries in bits without disclosing complete facts.
If you are very serious about your issue, better come up with complete facts.
Sudhir Kumar, Advocate
(Expert) 16 November 2012
How payment of salary of others is related to payment of your terminal benefits. Such application is bound to be treated as malicious and wipe out the sins of those delaying the benefits.
If you have decided to go to the court then engage an advocate.
