• Terminal benefits

I am a bank employee discharged from bank. this discharge is challenged in the high court. admitted and case at the stage of final hearing. after discharge bank has served with the recall notice of all the loans , the High court granted the interim stay. Having crossed the superannuation on the technical grounds, I have approached the competent authority for gratuity and same is ordered with interest with the finding 'THE RESPONDING BANK DID NOT PROVE BEFORE THE COMPETENT AUTHORITY THE LOSS SUSTAINED BY THE BANK BECAUSEOF THE NEGLEGENCE OF THE APPLICANT'. NOW please clarify ' to receive the other terminal benefits , such as leave encashment PF balances what are the legal remedies available before. can I include the salary claim for the difference period after the discharge in this claim till the date of original superannuation date. Finally any proceedings under criminal grounds can be initiated!
Asked 7 years ago in Labour

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3 Answers

hello,

if you are reinstated and the allegations which you have been accused of are not proved, you will get the full salary from the date when you were accused and discharged along with the terminal benefits, pension etc. along with other funds etc which retired employees get. if the HC quashes the charges you are returned to the status quo and you will be treated as an employee of the bank from the date you were discharged. you should have included a prayer in the WP. this is a service matter. criminal proceedings are different but if it has not been proved that you were guilty of any conspiracy, how can they initiate the same.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Client,

In the absence of any provision in the pension rules, a employer cannot withhold a part of pension and/or gratuity during the pendency of departmental/criminal proceedings etc.

If not released, you can approach administrative Tribunal.

And relief for salary claim shall be best judged in the writ pending in High Court. If no such relief prayed than amend it.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

The Bank cannot initiate any legal proceedings under criminal law at this stage especially if they have discharged you on the said grounds.

This will become double jeopardy because the discharge itself is a punishment, though you came out successfully against the decision.

For other terminal benefits you may cite the previous order itself as an example and claim the benefits.

Let them give a reply after which you can plan to take legal steps for recovery.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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