Legal Question in Employment Law in India

Pension to Bank Officer

I had opted 'irrevocably and finally' for Pension in lieu of contributory PF, June 1994 when asked by employer after signing Industry Level Bipartite Agmt between IBA & Employees of Banks. Due to legal formalities and adoption of Pension Rules by respective banks on the lines of agmt, the scheme was notified in 1996 and implemented in 1998 with retrospective effect from 1/11/1993. In Dec.94, I left the services of the bank asking for relieving under Voluntary Retirement Scheme with Pension, as per said option. Since the Pension Rule was not passed by the Board and notified, I was asked to resign and receive PF which could be refunded when the Pension comes into effect and refund PF with 6% interest. My request to do so is denied, saying that the scheme was not in force. It is total injustice. Can you advise with some case laws on Pension and Contractual obligation?


Asked on 6/27/09, 2:53 am

3 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Pension to Bank Officer

Well!! your case would require further studies on term of the documents you have to demonstrate your contention. Hence we suggest you to consult a local labour lawyer. Further, you will find abundant case laws on contractual obligation in the Indian Contract Act.

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Answered on 7/04/09, 12:40 pm
Fahri Toga TOGA//OKSUZ

Re: Pension to Bank Officer

We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number, e-mail or address, as soon as.

Please do not hesitate to contact with any questions.

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Answered on 6/30/09, 5:11 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Pension to Bank Officer

You may need to challenge the decision of the Bank by filing a civil suit in the trial courts or a writ petition in the High Court. It may be better to engage a counsel to pursue your remedy.

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Answered on 6/27/09, 6:48 am


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