Legal Question in Legal Ethics in India

Non-payment of Supperannuation after resigning from an Organisation

I have served for an organisation for last three years. As per appointmnet letter, I am eligible for super annuation. I have resigned and got relieved from services effective 20th March 2003.

Now I understand the organisation have never registered a Super annuation Trust, or related legal registrations. Now I am told if I need to get the amount, the super annuation amount approx Rs 45000 is taxed fully. If the organisation had registered the trust, then the amount is non taxable.

Showing this reason, the organisation has not settled my final payment. It is due for more than a month. Inspite of several reminders, I have not received any reply or payment.

Under this circumstances, What should I do to get my final settlement?

PLease help

Thanks


Asked on 4/09/03, 1:20 pm

1 Answer from Attorneys
Sanjeev Dudhat Sanjeev Dudhat

Re: Non-payment of Supperannuation after resigning from an Organisation

You can claim the amount if same is legally enforceable as per the terms and conditions of Contract. Write a demand notice for recovery of the super annuation amount . Obtain the said amount, pay tax if required to under protest.

Then file a case for compensation for cause due to misrepresantation of being entitled for super annuation for which employer never formed any trust and went on deducting amount from your salary. This also amounts criminal preach of trust and misappropriation of money by the employer. You can demand intrest too. You can file a criminal case against the employer and bring him to your turn.

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Answered on 4/10/03, 1:05 am


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