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Banking »Posted 16 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

PROVIDENT FUND & GRATUITY NOT RELEASED


PROVIDENT FUND & GRATUITY NOT RELEASED   I got my retirement on 30.04.2009 from Canara Bank, Regional Office, Meerut on superannuation.Before retirement, I was issued a chargesheet and my provident fund and Gratuity was withheld till the final outcome of the Chargesheet.Afterwards, \"COMPULSORY RETIREMENT \" WAS IMPOSED ON ME ON MARCH 2010. Till date Provident Fund (Bank\'s contribution) and gratuity not released without giving no reason. I have approached all the related officers of the Bank, but they could not give any reason. I request you to kindly advise me how to proceed in the matter and suggest me an expert advocate.
thanking you .

A K GUPTA
9412097664


   Dear Gupta, Please tell whether yu got yr PF share. If not, contact me over phone. You have good chanches to give lesson to the bank.Mohan singh Bedi Advocate 0
Lawyer Id: E00003759    Talk to this Lawyer                          Click here for free legal advice


   On any count the employer can't withhold the provident fund as well as the gratuity amount. In fact the said act of the employer amounts to offence.However to attract the penal provisions one has to demand the said amount by completing the required formalities. From your information it is not clear whether you made a demand in writing in respect of the same , similarly it is not clear as to whether you had submitted the PF withdrawal form and therefore it is advisable to complete the said formalities. However if the employer in writing had informed you that they are withholding the said amount on account of charge sheet in such case you may file the complaint before the competent authority. However please take a note that if you had challenged the punishment awarded to you i.e compulsory retirement then you should not opt for the withdrawal of said amount.
Lawyer Id: E00003679    Talk to this Lawyer                          Click here for free legal advice


   Sir U have a option Under Right to Information to know that why your amount is not realesed. Please apply by registered postage for this Information and wait 30 days and after4 that U can call me And I will take step through High Court for your help.
K K Tiwari Advocate
0
Lawyer Id: E00003945    Talk to this Lawyer                          Click here for free legal advice


   Please let me know that after Charge sheet any Departmental inquiry is made ? if yes, at what stage it is ?.
Even employers contribution to PF is to be paid to PF Commissioner every month. You can withdraw the same from Office of PF Commissioner by doing necessary formalities. Are you sure when you say that Bank' contribution to PF is not released with amount of gratuity ?. Please verify this.
Once you have retired on 30/04/2009 they can not again retire you compulsory. If any such action is taken you can challenge the same in Court.
Better to engage an advocate and serve a notice to Bank. If nothing positive turns out you should take legal actions by filing a Civil Suit.
R.V.DAGLI
Advocate.
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice


   You are entitled for retiremental benefits even if you are compulsorily retired by way of punishment.Pl.find these judgments they could be helpful to you :l).2004(13) SCC 619 and 2)1999(8)SCC 110.
Lawyer Id: E00001736    Talk to this Lawyer                          Click here for free legal advice




   No. without wife's consent husband alone can not adopt a child. All the procedure under Hindu Adoption and Maintenance Act must be followed.
R.V.DAGLI
Advocate.
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice
Banking »Posted 19 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

PROVIDENT FUND & GRATUITY NOT RELEASED


PROVIDENT FUND & GRATUITY NOT RELEASED   As I could not get satisfactory reply due to inadequate information’s, given by me, I am giving here below the detailed information of my query :-
I was working as Senior Manager in Canara Bank. My last posting was at Regional Office, Meerut.
My retirement on superannuation was due on 30.04.2009.
A charge sheet was issued to me on 14.03.2009.
Another charge sheet was issued to me on 28.04.2009.
Departmental enquiry was initiated against me for both the chargesheets.
On 28.04.2009, I received a proceedings of the General Manager dated 28.04.2009, informing me as follows :
AS PER REGULATION 20 (3) OF CANARA BANK SERVICE REGULATION, MY TERMINAL BENEFITS EXCEPT MY OWN CONTRIBUTION TO PROVIDENT FUND , WILL NOT BE RELEASED TILL THE FINAL OUTCOME OF THE ABOVE MENTIONED CHARGESHEETS.
On 13.05.2009, I received my contribution of Provident Fund.
On 05.03.2010, I received proceedings of General Manager dated 05.03.2010, informing me punishment of “COMPULSORY RETIREMENT”
THE PUNISHMENT WILL HAVE THE EFFECT FROM 30/04/2009, I.E. DATE OF SUPERANNUATION.
This punishment was in respect of first chargesheet dated 14.03.2009.
Regarding the second chargesheet dated 28.04.2009, I was informed vide proceedings of the General Manager dated 23.03.2010 as follows :-
DUE TO PUNISHMENT OF COMPULSORY RETIREMENT, MR.A K GUPTA HAS CEASED TO BE IN THE SERVICES OF THE BANK W.E.F. 30/04/2009, THE SECOND CHARGESHEET NEED NOT BE PROCEEDED WITH.
Afterwards, I received a notice for payment of Gratuity main dated 17.09.2010 from Canara bank Employees Gratuity Fund, Bangalore, informing me that a sum of Rs. 3,50,000/- (Three lacs fidty thousand only) as gratuity has been paid , and this amount has been credited to my Savings bank Account with Canara Bank, Delhi Road Meerut branch. This amount was credited to my account on 28.09.2010. On 29.09.2010, I withdrew Rs.50000/- cash from my account.
After three days, when I approached to withdraw more amount from my account, I was informed by the branch manager that balance amount of Rs. 300000/- has been withheld and transferred to reserve account as per the instructions of higher authorities i.e. circle office.
Afterwards I issued a cheque to one of my friend to clear my dues, the same was returned by the bank with the reason “refer to drawer”.
Afterwards, I was making all my efforts through all the possibile sources to get the amount released, but till date, neither the amount was released nor any response of my letters is given by the bank.
Till date, I am not informed by the bank the reason for holding my gratuity amount and not paying me provident fund (bank’s contribution).
Orally, I was informed by my friends that bank is enquiring from the branches whether any loss caused by me during my service. But, now two and half years have been passed after my retirement, I could not get any reply from the bank.
MY QUESTION/QUERY IS “HOW TO PROCEED FURTHER IN THIS CASE”. MY GRATUITY AMOUNT IS Rs.3.00 lacs and SPF is more than Rs.10.00 lacs.
Kindly advise me early.
ADESH KUMAR GUPTA
MOB : 09412097664


   Once amount was credited to your account and you also withdraw Rs.50,000/- the Bank has no right to withhold the remaining amount and transfer it as per order of Circle Office. The Bank must also pay you other due amounts.
As they are not paying it is illegal and arbitrary.
You can only compel the Bank by taking legal actions to recover the amounts with interest and costs as there is no other alternative.
R.V.DAGLI
Advocate
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice


   As the bank has once credited the amount of Rs.3,50,000/- in your account as gratuity payment and later on withheld the amount of Rs.3,00000/- without any authority from you. If the bank has withdrawn the Rs. 3,00000/- from you without any authority or permission letter from you then the bank has done a crime.

Regarding provident fund and service benefits, as per All India Services (Death-cum-Retirement Benefits) Rules, 1958, if the circumstances of the case so warrant, the authority imposing the penalty of contributory retirement may direct that the retirement benefits admissible to the member of the Service shall be paid at such reduced scale as may not be less than two-thirds of the appropriate scales.

As for the last two and half years bank has given you no response, so for the last time you serve a legal notice upon the Bank to pay all your dues and benefits within a specified time. If the bank after receipt of the notice do not pay your dues and benefits within specified time then You file a case against the Bank in a competent Civil Court to recover all your dues and service benefits.

Pronoy Kumar Ghose
Advocate, Legal Officer
Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   Dear Querist,

Bonus is something given in addition to what is usual or strictly due; money or anything given in addition to an employee's usual pay or salary. The payment of Bonus Act 1965 provides for payment of bonus to persons employed in a factory and in every other establishment employing twenty or more persons. In calculating bonus, interest earned by a company on fixed deposits is to be excluded.

you can claim all the benefits, which the company has not paid you after your resignation. You can file a civil suit against the company and claim those dues. In case you are a "workman" within the definition of Industrial Disputes Act, you can file a petition under Section 33 (c) (ii) of the said Act and claim your benefits.

Q6. I am working with a government enterprises company since last 7 years on a contract basis. They renewing my contract on every year. Relation are good with my employer, but if they are not continuing my job in any case what I will do. Is there any chance to see them?

A. From your query it is not clear in which category of employment are you working, Whether you are in the "Workman" category or you are in the "Management" Cadre and whether you are employed on contract basis or otherwise. In case you are in the Management category, then the Company has every right to enter into an agreement with you on a contractual basis and continue your job till the time they want. In case you are working in the office staff then in case the company does not renew your contract then you can approach the Labour Court under the provisions of Industrial Disputes Act and seek appropriate remedy. You can ask for regularization under the Industrial Disputes Act if you are a workman as defined under the said Act.

Citation of the latest ruling given by Supreme Court wherein promotion has been declared as the fundamental right. The Article was published in the newspaper but no reference to the citation is available.

A. The citation and the ratio of the case you have asked for is given hereunder : Ajit Singh II v. State of Punjab, (1999) 7SCC 209 : 1999 SCC (L&S) 1239 "The word "employment " being wider, there is no dispute that it takes within its fold, the aspect of promotions to posts above the stage of initial level of recruitment. Article 16(1) provides to every employee otherwise eligible for promotion or who comes within the zone of consideration, a fundamental right to be "considered" for promotion. Equal opportunity here means the right to be "considered " for promotion. If a person satisfies the eligibility and zone criteria but is not considered for promotion, then there will be a clear infraction of his fundamental right to be "considered" for promotion , which is his personal right." (para 22) "It is not possible to accept the view expressed in Ashok Kumar Gupta ,(1997) 5 SCC 201 and followed in Jagdish Lal, (1997) 6 SCC 538 and other cases, if it is intended to lay down that the right guaranteed to employees for being "considered" for promotion according to relevant rules or recruitment by promotion (i.e. whether on the basis of seniority or merit) is only a statutory right and not a fundamental right." (Para27)

Q13. Today if I get a job and leave then they will crib about it and would refuse to pay my severeance benefits, which to me is nothing unreasonable but the cost of closing down the office and leaving people to look out for a job and unsetting. In the current circumstances, badly hit as I am, how can I safeguard my interests and make sure that I do not loose my benefits if I have to leave early.

A. You have not disclosed about your term and condition of Employment. Anyhow if the company terminates your services and they have to pay the severeance benefit as the contract. If as per the terms and conditions of your contract or service if no severeance amount or benefit is payable on resignation then you can demand the same from the company if you resign from the service. However if the company has paid the severeance benefits to other employees who have resigned then in that case if you file a case in the court of law on the ground that other person or employees have been paid the severeance benefit after they have resigned and you are accordingly entitled then you must get this severeance benefit. It is advised that persons who have resigned and have been paid severeance benefits you can collect the documents from them to show that severeance benefits were paid to the employees who have resigned from the company .

Q14. I wish to know the consequences of breach of employment bond given by an employees: On the employee himself, On the company that employs him subsequently. If the bond states that the employees can be used for criminal breach of trust on breach of the bond, how enforceable is this clause?

A. As regard the breach of the employment bond given by an employee in this regard it is advised that if an employee has signed a bond after he get specialized training from the company then a civil case can be filed against him for recovery of the amount mentioned in the bond if there is any breach. As regard the company that employs him subsequently, there is no liability of the company, which employs him subsequently. Breach of bond is not criminal breach of trust it is of civil consequences and that also have to be proved in the Court of Law. In no manner it can be termed as criminal breach of trust.

Q15. A Writ Petition was duly filed and was admitted by Honorable High Court in Oct. 1994 against wrong and illegal dismissal orders of State Bank of India and for my reinstatement too. But nothing has been done so far inspite of my various request and reminders. In this regards, what immediate step I should take to get maintenance allowances or nurse my family smoothly as well as to meet highly legal expenses till disposal of the said writ?

A. When a writ petition is filed against the illegal dismissal on termination of service legally it is not possible by any court to grant any maintenance allowance or legal expenses till disposal of the writ petition. There is no precedent in this regard nor any court pays the maintenance allowance. The only remedy available to you is to file an application for early hearing and get the matter decided as early as possible.

Q16. A civil appeal against recovery orders in lying pending in Honorable High Court. At present, neither there is any movable/immovable property in my name nor I am in position to pay the amount of recovery as ordered by Single Judge Bench or likely to be ordered in futures. Under these circumstances, what maximum severe action can be taken by this Court, in case, my appeal is not decided in my favour onwards? What are the point & steps/measures in defense in that position?

A. You have not disclosed in your query as to what order has been passed by the Appellate Court. Whether any stay has been granted by the Appellate Court or not. If any stay has been granted then what conditions. Normally when any appeal is admitted or put for hearing the Appellate Court always passes an order for payment of decretal amount with a condition that the decree holder can withdraw the amount on furnishing some security. If any order has been passed in this regard by the Appellate Court then you have to deposit the amount. If you don't deposit the amount then normally the appeal is dismissed. If the decree passed is totally illegal then in that case you can tell the court that no amount is payable. And you also pray to the court that you are in very bad financial condition otherwise your appeal will be dismissed.

YOURS:-
Randhir kumar
AOR-HC.Patna,Bihar
Cont:-+91 & +91
e_mail:-
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice
Banking »Posted 26 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

PROVIDENT FUND & GRATUITY NOT RELEASED


PROVIDENT FUND & GRATUITY NOT RELEASED   Dear Sir, I agree with the reply that I should take legal action, but I want to know :-
Should I file a case National Forum at Meerut?
Or I should file a civil case against the Bank at Meerut.
A K Gupta 9412097664


   As your relation is of contractual nature so you should file case in the civil court for recovery.

Pronoy Kumar Ghose
Advocate,Legal Officer

Lawyer Id: E00003839    Talk to this Lawyer                          Click here for free legal advice


   it will be better u will file a case in civil court in merat
Lawyer Id: E00003460    Talk to this Lawyer                          Click here for free legal advice


   As per as your provident fund amount is concerned you should file the case before District forum or state consumer forum or national consumer forum depending upon the pecuniary jurisdiction, if you inform the amount of pf dues we could suggest the jurisdiction of the forum. So far as the claim of gratuity is concerned you should first make a demand with the employer and if not paid then you should file complaint with the competent authority established under the provision of payment of gratuity act . The said authority differs from state to state and therefore it shall be better to file complaint with the help of local counsel
Lawyer Id: E00003679    Talk to this Lawyer                          Click here for free legal advice




   Dear Querist,

Power to remove difficulties – (1) If any difficulty arises in giving effect to the provisions of this Act, as amended by the Employees’ Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for the removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of three years from the date on which the said Amendment Act receives the assent of the President.

sec. 14. Penalties.

(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act, the Scheme, the Pension Scheme or the Insurance Scheme or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to one year, or with fine of five thousand rupees, or with both.

(1A) An employer who contravenes, or makes default in complying with, the provisions of section 6 or clause a of sub-section 3 of section 17 in so far as it relates to the payment of inspection charges, or paragraph 38 of the Scheme in so far as it relates to the payment of administrative charges, shall be punishable with imprisonment for a term which may extend to three years but –

(a) which shall not be less than one year and a fine of ten thousand rupees in case of default in payment of the employees’ contribution which has been deducted by the employer from the employees’ wages;

(b) which shall not be less than six months and a fine of five thousand rupees, in any other case:

Provided that the Court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term.

(1B) An employer who contravenes, or makes default in complying with, the provisions of section 6C, or clause a of sub-section 3A of section 17 in so far as it relates to the payment of inspection charges, shall be punishable with imprisonment for a term which may extend to one year but which shall not be less than six months and shall also be liable to fine which may extend to five thousand rupees:

Provided that the Court may, for any adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a lesser term.

(2) Subject to the provisions of this Act, the Scheme, the Pension Scheme or the Insurance Scheme may provide that any person who contravenes, or makes default in complying with, any of the provisions thereof shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to four thousand rupees, or with both.

(2A) Whoever contravenes or makes default in complying with any provision of this Act or of any condition subject to which exemption was granted under section 17 shall, if no other penalty is elsewhere provided by or under this Act for such contravention or non-compliance, be punishable with imprisonment which may extend to six months, but which shall not be less than one month, and shall also be liable to fine which may extend to five thousand rupees.

Your's:-
Randhir Kumar
AOR- HC.Patna,Bihar
Cont.+91- & +91-
e_mail-
Lawyer Id: E00003925    Talk to this Lawyer                          Click here for free legal advice
Banking »Posted 27 Nov 2011             Click here for Free Legal Advice           Disclaimer

Legal questions & answers

PROVIDENT FUND & GRATUITY NOT RELEASED


PROVIDENT FUND & GRATUITY NOT RELEASED   Dear Sir, I have already informed that gratuity (amount Rs.3.50 lacs) have been already paid to me and the amount has been credited to my SB account with the bank,and I have withdrawn a sum of Rs. 50000/- from my account. But, afterwards, the bank has put the balance of my SB account Under Reserve, without informing me or giving any notice to me in this regard till date. Even my cheque which I issued a person to settle my dues was returned by the bank with the reason >Refer to Drawer\'.

whether my relation is contractual relation under the circumstances mentioned above. OR, i may file the case National Forum, Meerut.


   Hi
Now it will be better that you proceed with a case,this is an uncalled step from the part of the bank.consult a good lawyer and take action.Please send a legal notice ,and file a case in the civil court.You please under stand that this matter is a gross violation of all banking rules and you can approach the banking ombudsman .Anyway you need to get your money released ,so hire a good advocate,proceed in a civil court for recovery of your money,and the compensation for the harassment.Whatever your crime which was charge sheet ed and punished A bank can not withhold the an A/c holder's savings.Here two things are matter your relation ship as an employer and employee.second as a customer and service provider your a/c whether it is salaried ,savings any nature this is based on the banking law and the rules which is applicable to everyone equally.Once amount released to your a/c as part of your gratuity and PF,the bank as a service provider no authority to make any kind of stop on it without a proper order from a court ,and even in this condition the bank has to inform you in advance with the reason.
Please take proper action and institute the legal proceedings.
Lawyer Id: E00003609    Talk to this Lawyer                          Click here for free legal advice


   Your relation with the Bank as an account holder will be covered under the Consumer Law and you can file a case in consumer Forum of your City.
However, If Bank dispute that it is related to some service matter it will not be covered under Consumer Law. first address a notice to Bank asking them to explain as to why cheque is returned inspite of having balance in your account. On receiving reply you proceed further. First you must know the reason from the Bank.
R.V.DAGLI
Advocate.
Lawyer Id: E00003106    Talk to this Lawyer                          Click here for free legal advice


   Please check your date of super annuation.Because the Gratuity amount is enhanced to Ten Lakhs from May 2010 onwards.Incime Tax is Exempted on Gratuity.
2.The amout credited in your SB Account is by Your Employer after proper sanctions and approvals etc.The same can not be kept under reserve.
3.File an application before the High court for seeking a direction to the bank for releasing the money.
A.Manoranjan Patnaik, Hyderabad.
Lawyer Id: E00003566    Talk to this Lawyer                          Click here for free legal advice


   dear sir,
first a legal n notice is to be issued to bank for their act. so if you want we can issue it on your behalf.

kusum gupta advocate
0
Lawyer Id: E00002951    Talk to this Lawyer                          Click here for free legal advice


   Once bank credited ur a/c then they can't debited such until unless providing any reason thereof.
further u can send a legal notice to the bank to settle the matter or if they don't agree then file a case at Consumer forum, meerut.

Manoj kumar
Advocate,
Delhi.
Ph: 0
Lawyer Id: E00002587    Talk to this Lawyer                          Click here for free legal advice

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