Legal Question in Employment Law in India

Respected Sir,

I am an executive officer of a limited company, which declared Suspension of Work in November 2005, and applied for BIFR for sick industry. Subsequently BIFR approved the scheme of the company. The company reopened in 2009 with a few selective employees. In the mean time all union related staffs settled their accounts before declaration of Sick industry by the BIFR. As per declaration in BIFR order total number of employees were 741. Out of that 625 employees settled their accounts through Tripartite agreement between Management and Union. But the non union members were not asked to settle their accounts. Some employees (non union) resigned and joined other company. At last few non union employees left who have not resigned from their service. When the company reopened they have not been informed to join their duty.

Sir unfortunately I am one of them and on 3rd October 2015 I have automatically retired from my service. As per the rules of the company 58 years is the retirement age. Sir I have joined the company in the year 1980 as a clerical staff and in 2000 I got promotion to Executive Officer. Sir I have retired on 3rd October 2015 but I have not got any letter from the company to get back my all dues.

Sir I want to know whether I can claim Salary, Gratuity, PF, and other benefits till my retirement date. If so please give me some case references.

Sir, I am very much worried in this regard. I want your advice for further proceed.

Biswajit Sengupta

[email protected]


Asked on 12/03/15, 9:51 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

04.12.2015

Repeat query. Already answered. Any further advice or guidance only on prepayment.

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Answered on 12/03/15, 5:59 pm


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