withholding of retirement gratuity

Querist : Anonymous (Querist) 20 November 2009 This query is : Resolved
Even though there is no outstanding dues to be recovered and no disciplinary proceedings is pending or contemplated against the retiree about 50% of Retirement Gratuity has been kept withheld by the Sanctioning
Authority for one year.Is it legal? What is the effect of Ex-Parte order obtained by a private unknown person for recovery of money alleged to be paid to the retiree as loan without any permission of the Employer?

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Raj Kumar Makkad (Expert) 20 November 2009
Your question is not so simple to reply because you have suppressed the material facts of the quarry and want the reply of the suppressed facts which is an injustice with we experts now on your part.

If any ex-parte order/decree has been passed against such retiree person by any court of law and its execution orders qua recovery have been sent to the employer of such retiree person then he is bound to comply with the direction of the court so better approach the court and defend your case there and get the orders withdrawn to be complied by the employer on the orders of the court concerned.

niranjan (Expert) 22 November 2009
In that case you must be a party and I think that your employer could also be party and so payment is not withhold without any cause.Mr.Makkadsir is right.so instead of inviting any comments on the court order,please fight the case.

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