• Non-payment of retirement and death benefit

My father was employee of Jharkhand State Goverment and he was died on march 14. My mother was already expired on dec 2007. My father is appointed me as his nominee in his office and also in GPF. I have already submitted all the required documents and application in his department. But still they have not paid any type of benefits to me.
I have filled a online complain in National Human Right Comission for that. I want to know can i fill writ petition in high court if my complain is still pending at  National Human Right Comission.
Asked 2 years ago in Labour from Jamshedpur, Jharkhand
Hi,
Your option is to file a summary suit for claims which is due to your father with interest. This includes gratuity, pension benefits and other retirement allowances.
Regarding the P.F, the company has to verify the application and send the P.F application to the P.F office concerned and the payment is done without any delay.
First send a legal notice to the company as a legal heir of your father , claim the above mentioned benefits dues with interest, in case the company is not responding things rightly, move to a civil court. 
Discuss this matter with a an advocate who handles civil cases in your area and proceed. 
Human Rights commissioner  does not have jurisdiction to entertain this matter.
A writ in the high court is not necessary as the first legal forum is civil court in your area.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
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Hello,
1) As the legal heir and the nominee of your deceased father you have the absolute rights to claim the retirement and death benefit of your deceased father.
2) You are well within the limitation period for claiming as the limitation period to move the application is one year in death benefit claims.
3) The National Human Right Commission is not the appropriate forum to be approached for pursuing your rights and neither a writ petition in the High Court is advisable.
4) If the department is not responding you will need to file a suit for recovery of dues in a civil court.Engage a lawyer in your locality who will do the needful.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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1. You can ask for reason for the delay and present status of payment through RTI route,

2. After that you can send legal notice for getting the said payments released to you within 1 month informing that if you do not get the said payment you will be compelled to take legal action,

3. If you still do not get the said payment, you can file a Writ petition before the High Court against inaction of the concerned department of the state government.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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