Settelement of Terminal benefits

Querist : Anonymous (Querist) 05 February 2011 This query is : Resolved
since terminal benefits of a person were delayed for more than 3 yrs.Can he approach the NHRC

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Ajay Bansal (Expert) 05 February 2011
No.As per limitation act,such approach should be made within three years of cause of action.

Kirti Kar Tripathi (Expert) 05 February 2011
Terminal benefits of an employee is the rights accrued on account of service rendered by him with an employer, Non payment of terminal benefits is not only illegal but also inhuman. It is not a money under any contract. So you can file a writ but filing of complaint will be of no use.

H.M.Patnaik (Expert) 05 February 2011
Mr. Tripathy said it right.

Advocate. Arunagiri (Expert) 05 February 2011
You can approach the Labour Commissioner under the ID act, there is no time limit for filing petition before the conciliation officer.

samiullah sayyed (Expert) 06 February 2011
you can approach the office of the labor commissioner or you can approach the labor court under sec 33[C][2] of the Industrial Disputes Act.Delay can be condoned.

Kirti Kar Tripathi (Expert) 08 February 2011
if you are workman under Industrial Disputes Act, you can file application under section 33-C(2) of the Act.

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