• Gratuity

My employer deposited Rs.3,90,000/- with ALC(Raipur) in the year 2004 and made an appeal to RLC(Raipur). Regional Labour Commissioner, Raipur gave judgement in my favor in 2008. Employer approached Bilaspur High Court and got stay on the order issued by RLC. Now employer wants to withdraw writ petition filed by them in Bilaspur High Court. 
How much amount will I get from Controlling authority in 2016? Do they give interest from 2004? At what rate?
Asked 11 months ago in Labour from Thane, Maharashtra
The Supreme Court of India in D.S. Nakara & Others vs. Union
of India has made the following observations on right to pension.
“The antiquated notion of pension being a bounty
or a gratuitous payment depending upon the
sweet will or grace of the employer not claimable
as a right and therefore, no right to pension can
be enforced through Court has been swept under
the carpet by the decision of the Constitution
Bench in Deoki Nandan Prasad v. State of Bihar
 wherein this Court authoritatively ruled
that pension is a right and the payment of it does
not depend upon the discretion of the
Government but is governed by rules and a
Government servant coming within those rules
is entitled to claim pension”.

2) Pension is the deferred portion of compensation for long and
devoted services rendered by an employee with the employer. 

3) Non-payment of retiral benefits
therefore, is a violation of one’s fundamental right under Article 21.
The right to receive the same is not only a fundamental right but is
also a right to property under Article 300-A of Constitution of India
which cannot be taken away except by Authority of Law.

4) your employer cannot seek to adjust your pension amount against amount sought to be recovered from you in pending court case 
Ajay Sethi
Advocate, Mumbai
27331 Answers
1486 Consultations
5.0 on 5.0
1) as far as  amount deposited by employer with ALC  is concerned since your employer wants to with draw the appeal you should get Rs 3,90,000 deposited by your employer 

2) if court had passed an order for placing said amount in fixed deposit you would get the principal amount with accrued interest 
Ajay Sethi
Advocate, Mumbai
27331 Answers
1486 Consultations
5.0 on 5.0
HI 
Controlling authority will give you the gratuity with interest from 2004. 

Your pension funds cannot be stopped by your employer because of the ongoing dispute. 
Your employer should pay your pension as stipulated. 

if your employer wins the case, you are liable to pay but the pension and gratuity cannot be stopped on account of money due from you. 

Pension and gratuity are your rights arising out of employment. 
Recovery of amount is a civil right and  no recovery of money is possible from pension and gratuity of an employee. 
Rajgopalan Sripathi
Advocate, Hyderabad
974 Answers
69 Consultations
5.0 on 5.0
How much amount will I get from Controlling authority in 2016? Do they give interest from 2004? At what rate?

If the employer is trying to withdraw the writ petition, let him do it, sooner he withdraws the writ, you may file an execution petition to enforce the judgment in your favor, by which you can claim interest too from the date of judgment till the date of settlement. The rate of interest will be generally at the market rate only i.e., 12 to 18% p.a. 
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
5.0 on 5.0
Can now Company recover Pension amount against those recovery, when legal proceedings are on in court. What is the remedy available for me?

The employer cannot make any recovery until the case in the court has not been disposed  or a judgment has been passed. 
The employer however may not grant the release of pension too and may keep it in abeyance stating that it shall kept pending till the disposal of the court case in this regard. But you can fight against his decision. 
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
5.0 on 5.0
Can I file an application in the present court and ask for remedy?

You may have to wait for the employer's decision and then take legal action as warranted. 
T Kalaiselvan
Advocate, Vellore
17470 Answers
165 Consultations
5.0 on 5.0
1. On what conditions does the employer want to withdraw the WP? Unless the withdrawal is conditional the order of the RLC will prevail with full vigour which you may execute. 

2. The interest has to be paid from the date of order. 

3. Pension cannot be attached. Defend the lawsuit in the civil court. 
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0

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