Legal Question in Banking Law in India

Notice

I was compulsorily retired from service on 23.04.2007

i was asked to repay the total dues with commercial rate of interest as the account turned non performing asset

the last credit was on 18 february 2008 by way of my terminal benefits

not even a single rupee of my terminal benefits was paid to me since 23.04.2007

i do not have any source of income to repay

please advise


Asked on 2/21/09, 11:38 pm

5 Answers from Attorneys

Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Re: Notice

You are request to file a writ

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Answered on 2/23/09, 10:30 am
Pranav Desai PD Legal & Associates

Re: Notice

I understand that you retired from a job and you had taken a loan which you couldnt repay due to loss of job. If that is so then as to the money from bank is concerned you can request the bank to defer the instalments. However, i do not understand why you did not receive your retirement benefits which you are legally entitle to receive.

Hence you contact a local lawyer or provide me with some information.

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Answered on 2/23/09, 12:42 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Notice

your statement is a bit confusing as you have inter-mingled to things.

it appears you were employed with a Bank ?

You may challenge the recovery being fastened upon you.

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Answered on 2/22/09, 9:09 am
J. Radhakrishnan independent Practice

Re: Notice

you did not tell from which service u have been compulsorily retired. If your employer was Government or public sector/Government corporation, then they cannot deny you gratuity. Even if you were a company employee, gratuity under the Payment of Gratuity Act cannot be denied to you. You make a complaint to the concerned department in your area who is the gratuity commissioner. Regarding charging of commercial interest, it is not clear whether you have been compulsorily retired as a punishment after disciplinary enquiry or without the above incident. In the former case, they have to issue a show cause notice before charging commercial interest and or adjusting the gratuity towards the loan. In the latter case, they cannot charge commercial interest as a matter of course. Pl.consult a labour/service lawyer and proceed.

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Answered on 2/22/09, 10:59 am
Pravin Vaidya Independent

Re: Notice

It is presumed you retired from Bank/FI/Fin.Co., where you were working as laon sanctioning/monitoring officer. In that case you are governed by service conditions where normally in case of Compulsory Retirement the person can get all terminal benefits including Gratuity and only loss is that of JOB.Please contact me for guiadance on cell no. 09426334688 and send all relative papers by E-mail.

Pravin Vaidya

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Answered on 2/25/09, 5:23 am


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