Legal Question in Employment Law in India

Dear Sir,
As per my contract with employer ,a multinational company operating in India'an officer may retire at the age of 50 after completion of 15 years of continuous service with the company'. Since the MNC didnot approve my retirement they denied all my benefits I took the retirement on this class at the age of 52 after completion of 30 years of service.
Since they denied all retirement benefits i approached city civil court at Bangalore filed a civil suit No 4032/97. It was decreed in my favour with cause and advised the dependant to pay the pension according to the voluntary scheme.There was a voluntary retirement scheme enforced in Feb 95 when i took retirement before the closure of bangalore factory.The appeal was dismissed by honourable court and advised them to pay pension as per the voluntary scheme. the voluntary retirement scheme stipulates the following payments. 1.Lumpsum payment .2.Executive pension fund scheme.(i am a member of the scheme.) This scheme is divided into 3 .2(1) monthly regular pension .2(2)Commutation of pension.(1/3) .2(3)Additional pension(bargainable one Rs 2000). 3.EPF scheme since paid. 4. Grativity (partly paid) 5.Super annuation benefits. 6. Medical benefits(i am eligible for full embursement for me and my wife even after retirement.
I have filed an execution petitio n 1221/2007 for claiming all the retirement benefits. the execution court dismissed my petition. After filing my petition the company started paying me aditional pension amount Rs 2000 per month regularly by post. The execution petition says i am inly eligible for that much.now my question is that whether i can go for civil revision appeal .I was told that 30 days limit is there for filing CRP.Since i am in Japan for 3 months and i am appearing party in person whether i can file CRP after reaching Bangalore and request for condoning in the delay.
2.Is it the 30 days from date of recieving the judgement copy.
3.Whether i can do anything from japan requesting the high court to give extension for filing CRP.
4. Whether i ca file Writ of mandamus under sec 226.
any other suggestion you can give me to overcome this 30 days class.
Your reply will be highly appreciated .
Regards
Chandrasekharan.

Asked on 9/15/09, 8:35 pm

Seshadri Srinivasan www.lawconcern.com

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Dear Chandrasekaran,

Your right to receive amounts would depend entirely on the lower court decree and appellate court decree as well.

But are you sure that employer has not preferred appeal or revision?

The Execution court order also need to be studied to understand what amounts you are eligible to receive.

S.Seshadri

Phones: 98403 20808 /28515229

Answered on 9/15/09, 10:41 pm

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