Retirement claim
BISWAJIT SENGUPTA
(Querist) 13 September 2016
This query is : Resolved
Sir,
I am an executive officer have been working with the company since 1980 and had got promotion from clerical grade to executive officer post from 2001. The company has closed under suspension of work in Nov 2005 on No work no pay basis.The company applied for sick industry in Bifr and subsequently Bifr approved the scheme. In Btfr order it has been mentioned that the company reopened on 2009. But some employees including myself have not been informed. The company has reopened the business in same place and within 5 years. At this moment I have retired from my service on 3rd October 2015 as per service rules of the company i.e. 58 years is the retirement age. Till date the company does not bother to ask me to go and take all my dues like PF, gratuity, leave salary, salary and other benefits. Sir, please advice me what steps I have to take and what claims I have to lodge to the company in this regard and also tell me is it legal claim?
Please sir advice me.
Kumar Doab
(Expert) 13 September 2016
Show your knowledge from the date you have cited and write to good offices of appointing authority,MD for your claim, of course under proper acknowledgment.
Mention that you were never informed.
Let them reply whatever they want.
Kumar Doab
(Expert) 13 September 2016
Post one thread and continue in it.
Also posted at:
http://www.lawyersclubindia.com/experts/Retirement-claim-616111.asp
Raj Kumar Makkad
(Expert) 13 September 2016
The company is not to oblige you to intimate rather it was your duty to be in constant touch with the ongoing litigation. You can't shift your duty towards the company. Make representation to the company and wait for their outcome.
Guest
(Expert) 13 September 2016
Have you not applied for f&f yet?
BISWAJIT SENGUPTA
(Querist) 14 September 2016
yes I have applied for f&f, they acknowledge the same and asked me to apply separately for gratuity and pf ans also asked me to give others dues details. Accordingly I have done this. But they did not pay heed of my letter. I have written them on 29th June 2016 under speed post.
Guest
(Expert) 14 September 2016
Your case needs to be examined in detail with reference to documents, facts and other relevant information. You may have to take personal appointment with service laws expert as well as the company law pertaining to BIFR for appropriate advice for further course of action. You may contact some locval expert or, if liked, send scanned copies of your documents through email for examination & analysis at: sssfi2016@ gmail.com OR 1962dcg@gmail.com
Ms.Usha Kapoor
(Expert) 14 September 2016
Pf, GRATUITY PENSION IN CASE PENSION RULE IS APPLICABLE EARNED LEAVE AND SO ON AND SO FORTH FILE CASE IN labor COURT TO RECEIVE YOUR RETIREMENT DUES FROM THE Management OF THE COMPANY AFTER ISSUING DUE NOTICE TO THEM.
Guest
(Expert) 14 September 2016
Usha ji,
For the purpose of gratuity, only th competnt authority appointed by the concerned state under the provision of the Payment of Gratuity Act and Rules, not the Labour Court is competent to decide the issue on complaint. For payment of PF dues also the labour court is not competent to decide the issue.
In fact the query is vague, as he has not even mentioned to which period his leave salary & salary pertained and not paid on what ground. He has also not mentioned, which are other retirement dues, he is talking about.
Still further, when he has stated that the company has reopened in 2009 on BIFR order, but some employees INCLUDING HIMSELF had not been informed, where the question of his retirement from service arises on 3 October, 2015.
The querist is trying to hit in the dark without bringing in the full facts.
Kumar Doab
(Expert) 14 September 2016
Gratuity: Submit FormI and letter mentioning that 'Notice of Determination of Gratuity' and payment has not been supplied to you.
PF; Obtain requisite form from PRO/APFC in nearest PF office and submit under proper acknowledgment.
Obtain tracking report from Indiapost website or POD from PO.
The company has otherwise asked you to send details of FnF, however there is no admission of debt. This communique if in writing ,may....................and may..............help you to thwart claim of bar by limitation, if any made by the company. It is since you have admitted that you were executive officer.
You could have asked to send you the FnF statement. Once it is issued and supplied (even if erratic) it could have been a kind of admission of debt.
Kumar Doab
(Expert) 14 September 2016
Shri P.S.Dhingra,
Probably the author is also aware of scope of limitation.
Should have consulted before initiating written communication.
Guest
(Expert) 14 September 2016
Dear Kumar,
Scope of limitation and hiding of facts have no relation. Scope of limitation does not warrant that the querist should hide material facts, if he is desirous of seeking solution to his problem.
Kumar Doab
(Expert) 14 September 2016
The author may post full facts.
Kumar Doab
(Expert) 14 September 2016
Why it is repeated?
Kumar Doab
(Expert) 14 September 2016
Other threads:
http://www.lawyersclubindia.com/experts/Advice-me-what-to-do-This-is-not-an-academic-query--573256.asp
http://www.lawyersclubindia.com/experts/Further-query-against-mt-previous-one-379066.asp
http://www.lawyersclubindia.com/experts/Gratuity-473971.asp#.VmE-RV5-jMo
http://www.lawyersclubindia.com/experts/Gratuity-474111.asp#.VmE-3l5-jMo
http://www.lawyersclubindia.com/experts/rules-under-sick-industry-476116.asp
http://www.lawyersclubindia.com/experts/Whether-my-demand-is-legitimate-in-the-eyes-of-law--546346.asp#.VmFBel5-jMo
http://www.lawyersclubindia.com/experts/Seeking-your-good-advice-regarding-my-query-published-on-yesterday-at-12-30-am--546476.asp#.VmFCGl5-jMo
http://www.lawyersclubindia.com/experts/CLAIM-FOR-DUE-SALARY-OTHERS-563311.asp#.VmFCVl5-jMo
http://www.lawyersclubindia.com/experts/Compensation-572506.asp#.VmFCvV5-jMo
Kumar Doab
(Expert) 14 September 2016
Some extracts from following thread;
http://www.lawyersclubindia.com/experts/Advice-me-what-to-do-This-is-not-an-academic-query--573256.asp
You have initiated many threads.
As far as zist of the matter is concerned, it has been replied.
Invariably you have been advised to consult an able counsel to proceed further.
"Before you resign or contemplate resignation it shall be appropriate to visit in person a competent and experienced labor consultant/service lawyer in person with all documents on record, give inputs in person, spend quality time with lawyer and understand the options and merits in each option.
Your lawyer may opine that provisions of Section 22 of SICA may not operate.
Usually it is stated that the Gratuity shall be governed by Gratuity Rules or Payment of Gratuity Act, 1972
whichever is more beneficial."
Beyond this you need to consult an able counsel specializing in labor-service matters with all record.
Dr J C Vashista
(Expert) 15 September 2016
Mr. Biswajit,
Do not feel so smart.
Exposed author of repeated queries?
Consult a local lawyer.
cherukuri prasad
(Expert) 15 September 2016
Please meet labour commissioner to know your rights
