• Retiremental benifits hold-conditional acceptance of resignation

I was working as a jr.civil engineer in A.P.M.C. (a semi govt.public body establishment) and I offered my resignation letter on 01/08/15 with  one months notice.
Prior to this some outsiders have made some allegations and charges on me by application. So my immediate employer referred it to next higher authorities to do the needful. In all this matter i was not  intimated nor written. Uptil Then and upto acceptance of resignation my authorities did not informed me about any enquiry only mentioned in reference letter which was issued to me on the last date of notice period that i accepted
i had my duties for 31 years in this establishment but due to heavy politics and feeling injustice(no promotion-no up gradation of pays still guiding and ordering by main authority for pay fixation –entered in high court w.p.)  to me i offered my resignation. After completion of one months notice period my employer asked me to continue for one more month as they have asked for directions regarding charges implanted by outsiders. so i continued 01/10/15.In the board meeting of 05/10/15 they sanctioned my resignation letter with conditions that any outcome of enquiry will be binding on me i.e. conditionally  accepted my resignation.
My wife is having her own proprietory unregistered service establishment of cad drawings, estimation,planning. She is electrical engineer by education but by employing private civil engineers she is working as a contractor and offering services.My office establishment also hired her service since 1999-2006 and paid certain amount against services provided by her firm.These payments were paid by employer after receival of official bill,and with board meetings confirmation.
But  in audit memo there were adverse remarks about hiring services and payment of service charges.As she is my wife.But i was  not deciding power no clarification uptil  today has been saught from me against audit memo.
My office rivals/competitors intentionally made its issue and shaking hands with local newspaper reporters started posting defaming news in bold headings.  
Now enquiry officer in its findings placed charges stating that payments made to my wife’s firm is illegal and for that  i should reimburse all the payments paid to my wifes proprietory unregistered office since 1999-2006 and Denying my P.F./Gratuity and retirement benifits. E.O.never wrote or intimated me that its your enquiry is going on and also never asked for my clarification.
After acceptance I wrote my Ex-authorities/E.O. that As my resignation is accepted Enquiry can’t be conducted as there is no relation of employer and employee left( accepted resignation on 5th oct 2015 and called my wife for clarification on28th oct2015)
My P.F.and gratuity,leave encashment amount is with my office itself.This total amount is 4 times more than whatever claim made by E.O. in its findings.My office is not having any pension facility so this is the only source of income for survival after retirement. After acceptance they not conveyed me any sort notice nor they answered my claim letters for gratuity and p.f. notice.I have entered in to labour court for gratuity and entering in civil court for p.f. and other benefits.But it is going to take about 2-3 years.  Kindly guide .
Asked 6 months ago in Labour from kolhapur, Maharashtra
1) did your wife disclose fact that her husband was an employee of the organisation at time of bidding / award of contract ? 

2) it is necessary to peruse the findings of enquiry officer . kindly reproduce the findings of EO 

3) if any enquiry is conducted you should have been given an opportunity to present your case 

4) it is well settled law that no man can be condemned un heard . it violation of principles of natural justice 

5) since you have already filed case for recovery of your retiral benfits await the results of case filed by you 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
1) you should follow your lawyer advise as he had the advantage  of going through all your documents

2) authority has to follow HC orders 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
My P.F.and gratuity,leave encashment amount is with my office itself.This total amount is 4 times more than whatever claim made by E.O. in its findings.My office is not having any pension facility so this is the only source of income for survival after retirement. After acceptance they not conveyed me any sort notice nor they answered my claim letters for gratuity and p.f. notice.I have entered in to labour court for gratuity and entering in civil court for p.f. and other benefits.But it is going to take about 2-3 years. 

If you have not filed any case for recovery then we could have advised you to approach court seeking remedies, whereas you have already approached courts seeking relief and remedy.  If the case is going on for years it means you are not following it up properly through your advocate. 
There are plenty of reasons and factors that delay the legal process.
Even if you approach high court for expeditious trial, you may not get much respite, so better follow it up through your advocate properly.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
This proceedings were initially  ordered by hon.H.C.mumbai.But due to ambiguity in order my lawyer suggested me for seeking fresh and clear cut guide lines from H.C.so again i entered in H.C.Whether so called inquiry proceedings will hamper the decision as authority intentionally conducetd my inquiry to avoid payments.

If the inquiry proceedings are going on in a predetermined manner you may raise protest, you can take the help of an advocate to defend yourself because you are no more an employee now hence you are eligible to contest through an advocate.
You may wait and watch the outcome of all those cases filed before court for initiating any further action in this regard.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0

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