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ashwaq (student)     13 January 2011

retirement benefits commn based emp served for 30 yrs SBH

my father is a Janata Deposit collector in State Bank of Hyderabad which is commision based , he has 30 years of service and his age is  56.

 when he was appointed in 1980  after 4 years this scheme was removed at that time he filed case in court for continuation  which court accepts it stayed the order of SBI,
from that time my father and other agents  (in other branches )  have been  continuing  by the help of court orders.
Now SBI recently passed a circular to stop the job by taking some money 2,50,000 by some formula applying on commision you have earned in past 2 years
now my father earns 22,000 to 25,000 commission monthly this 2,50,000 will become one year salary 
my query is that is there any law which directs SBI to give retirement (all funds including pension ) to my father who has 30 years  of service like central govt emloyee
   my father has met one lawyer he said that my father cannot get that retirement benefits and can only take that 2,50,000  
  suggest me how to proceed in this case to get all benefits as no one in my family is employed my family  totally depended on my father if he looses  his job my family cannot survive



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 1 Replies

Kirti Kar Tripathi (lawyer)     14 January 2011

Dear Ashwaq,

I am sorry that I cannot help your father as  law in this regard is clear and against your father as Hon'ble Apex Court in re Manjit singh Versus Punjab National Bank  has specifically held that the pigmy deposit collector are not entitled for regularisation of services and benefits as other regular employees of Bank are getting. Since they are not entitled for benefits of regular employment therefore he can not get pension under the law. Moreover, continuation of your father is due to stay granted by the Court, this also does not create legal right on the post. Whatever, your lawyer has suggested that correct.  

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