Compensation

BISWAJIT SENGUPTA (Querist) 28 November 2015 This query is : Resolved
During 'Suspension of Work" declared by the employer and applied for Sick Industry to BIFR and subsequently BIFR declared Sick Industry and the company reopened without giving any information to some employees. What types of claim can lodge by the employees? I want to know whether they claim for salary, gratuity, pf and other benefits from the company during the Suspension period? Please mention Case Laws reference in this regard.

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Isaac Gabriel (Expert) 29 November 2015
The union can make plea in the conciliation proceedings about the terminal benefits.

Sudhir Kumar, Advocate (Expert) 29 November 2015
retrenched employee have right to be considered again if the same business is re-opened on same place within 5 years.

BISWAJIT SENGUPTA (Querist) 30 November 2015
Sir,
If the employee neither been retrenched nor dismissed from his job. He just not been informed that the company has reopened. Then what he can claim against the company? Please let me know in details with case laws.

Sudhir Kumar, Advocate (Expert) 30 November 2015
earlier company was closed due to no-business and he lost his job

so he was retrenched though there may be no such order or settlement.

now he knows the the company has reopened.

Your query is vague whether same business on same site within 5 years is there or not.

BISWAJIT SENGUPTA (Querist) 30 November 2015
Dear Sir,
The employee is an officer in designation and now is going to be retired on 15th December 2015 as per company's rule. In that case what does he claim. The Business is same site and within the period of 5 years as per your query.

Guest (Expert) 30 November 2015
Purely an academic query.

BISWAJIT SENGUPTA (Querist) 30 November 2015
Sir,If it is an academic query do you have any answer of that? Please comment on this issue.

Sudhir Kumar, Advocate (Expert) 01 December 2015
please elaborate if the query is real.

Rajendra K Goyal (Expert) 01 December 2015
Academic query not replied in this section.

BISWAJIT SENGUPTA (Querist) 02 December 2015
Sir,
This incident is happened to me. I am an executive officer have been working with the company since 1980 and had got promotion from clerical grade to executive officer post from 2001. The company has closed under suspension of work in Nov 2005 on No work pay basis.The company applied for sick industry in Bifr and subsequently Bifr approved the scheme. In Btfr order it has been mentioned that the company reopened on 2009. But some employees including myself have not been informed. The company has reopened the business in same place and within 5 years. At this moment I have retired from my service on 3rd October 2015 as per service rules of the company i.e. 58 years is the retirement age. Till date the company does not bother to ask me to go and take all my dues like PF, gratuity, leave salary, salary and other benefits. Sir, this is not an academic query it is fact and is happened to me. Sir please advice me what steps I have to take and what claims I have to lodge to the company in this regard.
Please sir advice me.