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Recovery / refund of disputed amounts

(Querist) 24 May 2017 This query is : Resolved 
Respected sir. I have earlier raised under final settlement certain queries and got nice assistance and clarifications from senior lawyers. Now Please clarify me on the following Points: I was suspended by ntpc on financial irregularities and simultaneously lodged a fir with police too.
the financial irregularities amounting to nearly 55 lakhs wrong payments made by me to others and in this 55 lakhs nearly 14 lakhs to self means for me. the irregularities took place in Sap SOFTWARE.

I was the only accused before court first , later the police gsve charge sheet for 5 more persons appearing in this case as victim. but those 5 persons appealed in high court and they got back their jobs after suspension and inquiry and they returned their excess money received.

my criminal case is yet to complete and it is in completion stage. the witness session is over and in that the ntpc officials said nothing to the court regarding the happenings of financial irregularities . they simply told before court that they do not know anything whether this is happened or not whether it is did by me or not. my lawer asked whether the 14 lakhs mentioned against me as wrong payment . ntpc told, he is entitled to the category of payments falling in 14 lakhs but does not know whether this is legal or illegal means does not know about the irregularity.

during the departmental inquiry, the same matter was served in charge sheet, I asked the management the documents in support of the above 14 lakhs payments and nothing was provided to me . even through rti i asked for but not given by ntpc.

i gave my defense based on the documents given to me and my defense was totally not accepted by ntpc and i was awarded termination from ntpc even before the court case verdict.

now, ntpc is telling that I will be getting back my pf dues and el encashment only which comes around 26 lakhs . ntpc is asking me to issue a cheque for 14 lakhs which they mentioned in both inquiry charge sheet as well as criminal case charge sheet as irregularity.

may i know the consequenses, since, if I deposit cheque for 14 lakhs it means indirectly I am agreeing to the irregular receipt. if i am not issuing cheque ntpc telling they will not do final settlement and release pf and elencashment.

secondly, the 14 lakhs irregular receipts is also the subject matter of criminal case and the final verdict is pending before lower court. can I deposit under protest cheque to ntpc and later sue in high court

what are the options left to me:
1. if i issue cheque for 14 lakhs under protest, can I challenge before high court against this illegal receipt by ntpc from me since the subject matter is also pending before lower court.

2. can I ask ntpc to settle me only my pf and el encashment amounts and ask them to wait for criminal verdict for further settlements.

I am confused. please guide me.
Dr J C Vashista (Expert) 24 May 2017
No time to go through such a long story, either be brief and precise or consult a local lawyer.
Guest (Expert) 24 May 2017
Better Discuss it with A Local Good Senior Advocate
Guest (Expert) 24 May 2017
Mr. Srinivasan,

Why to issue cheque for Rs. 14 Lakhs, when final payment of PF on your termination cannot be withheld on any ground, whatsoever that may be, and under the provision of any rule/ law on the issue.

But the question arises, have you applied for final payment on the prescribed form after your termination? If not, they would have valid reason for not releasing the amount merely on the flimsy ground that you have not applied for that. So, if not applied so far. you must apply on prescribed form instead of entertaining undue discussions or correspondence and wait for the response for about a month. After that you may serve legal notice to the NTPC.

If in response to your legal notice they still ask you to deposit Rs.14 lakhs, you may request the court to issue interim order to direct the NTPC to release the amount of PF, as withholding payment on that account is purely violation of PF rules.

Of course, they can withhold EL encashment pending settlement of your court case. For that you may have to wait till your exoneration of the charge.

srinivasan J (Querist) 24 May 2017
Thanks dhingra sir. Got clarified from your valuable advice. I have duly applied for. I ask them to release my pf only. Let me claim rest with ntpc after court verdict. Thanks sir.
Guest (Expert) 24 May 2017
You are welcome.
Rajendra K Goyal (Expert) 24 May 2017
Agree with the expert PS Dhingra.
Guest (Expert) 24 May 2017
Rajendra ji,

Thanks for agreeing with me.
Guest (Expert) 24 May 2017
Well advised by Senior Mr.P.S.Dhingra
Guest (Expert) 24 May 2017
Dear NJS Rajkumar,

Thanks for your appreciation.
Guest (Expert) 24 May 2017
Welcome sir
Kumar Doab (Expert) 24 May 2017
You are using words: saying, telling……………


Are all these statements where you use ‘saying, telling’; verbal!


It is evident from your post that the attorney's of employer have been trying their best to make you deposit the cheque of Rs.14 lacs.



Kumar Doab (Expert) 24 May 2017
Dear Dr J C Vashistaji,


Kindly let in case of employee's that are suffering, the post be lengthy.

With Regards

KumarDoab
Guest (Expert) 25 May 2017
Dear Dr. Vashista,

You have received an advice from an imposter, who appears without his real identity (real name, photo and location), but poses as an expert merely for having fun in making vague multiple posts to merely misguide people with his wrong advice, as of his chronic habit.
Dr J C Vashista (Expert) 25 May 2017
Dear Sh. Dhingra ji,
I fully agree and appreciate your concern.

However, you will agree that few of the persons display their name & photograph claiming to be experts do have least knowledge of law but prompt in stating inter alia, that "agree with expert so and so.." and "thanks to..." etc.

I personally feel not to take any cognizance for such so-called "experts", rest I leave it to your wisdom.

Thanks & Regards
Guest (Expert) 25 May 2017
Dear Dr. JC Vashista,

You are right, but the imposter when starts abusing has also to be shown where he actually stands, when he does not know anything about law, but tries to misguide and confuse everyone as a fake expert by hiding under veil, like a hardened criminal.

By the way, with what right, he has tried to issue command to you saying, "let in case of employee's that are suffering, the post be lengthy"?

He should have advised himself had he been convinced with the problem of the author. But instead of rendering his own advice, he preferred just to issue command, as if he is a don, boss or director of one and all, by keeping himself underground like a terrorist or a spy of some enemy country.
srinivasan J (Querist) 25 May 2017
Thanks Dhingra sir. My case is a lengthy one. I wanted to post all facts. otherwise, some is telling. no deails given . cannot advice like that. I appreciate your patience in giving me good advices. really once agoin thanks you sir. till date ntpc not given any written communication as to what will i get as final settlement and what i need to pay back like loans and other recoveries. only when contacting the AGM HR he informed the above as i need to give back chek for 14 lakhs. nearly 6 months lapsed. I have written so many emails to give me atleast my PF balances. No written reply. I will send another final email for refund of my PF , if tntpc not responding, I am thinking of approaching High court and my jurisdiction is Jabalpur. Kindly let me know, any leading lawyers who can help me at jabalpur in finding and getting my pf balances. thankls sir. please help
Guest (Expert) 25 May 2017
Dear Shri Srinivasan,

You are welcome.

However, you have not made any mention about the nature of PF, i.e., CPF, EPF, GPF, or otherwise and which unit is maintaining/ controlling your PF account. IF your subscriptions were towards EPF, you can get the filled up form attested by your banker and claim the PF proceeds directly from the concerned unit of EPFO maintaining your account.

If your account pertains to CPF or GPF, effective correspondence may create evidence in your favour irrespective of whether they respond to your representations or not. BUT be aware, for making claim of the balances of your PF, don't write "refund." or "withdrawal." That is a wrong terminology for claim of PF balances on quitting service. You may not get appropriate response in the name of refund.

So, use the term, "final payment" of PF (of whatever kind that be).
Guest (Expert) 25 May 2017
First Consult a Local Good Senior Advocate and Serve a Legal Notice in Detail to the Concerned Authorities
srinivasan J (Querist) 25 May 2017
Yes sir I will surely
srinivasan J (Querist) 25 May 2017
Yes sir I will surely
Guest (Expert) 25 May 2017
You will have to work systematically to achieve success in your objective. Your claim is quite valid.
srinivasan J (Querist) 25 May 2017
Thank you dhingra sir.
srinivasan J (Querist) 25 May 2017
Our pf being deducted from pay at CPT Noida ntpc office and ntpc pf trust at scope building.
Guest (Expert) 25 May 2017
There being Trust, in that case, only your NTPC office NOIDA can sanction final payment of PF.

You may start physical as well as email correspondence in an effective manner and thereafter serve legal notice to the CMD with copy to the Trust Head, as well as Director HR of the Corporate Office for payment of the balance standing in your PF account.
srinivasan J (Querist) 25 May 2017
Yes sir. Thanks for valuable advice.
Dr J C Vashista (Expert) 26 May 2017
Dear Dhingra ji,
When we are fully aware about such person(s) it is better to avoid and ignore.
Thanks & Regards
srinivasan J (Querist) 17 June 2017
Respected dhingra ji. after repeated follow up through email and final notice to my emplpyer ntpc limited, yesterday they have sent me the application form for final settlement of PF balances. I have duly filled up and signed and after scanning the same sent back to ntpc limited. also sent the signed original application for through courier. I hope ntpc PF Trust will release my PF balances directly to my registered bank . thanking you for the valuable advices. as regards the other final settlement salary and allowances., ntpc limited sent me email as finance department is working out still about the recoverable amounts from me and will be intimated to me shortly. Let me get the details first, then further action will be decided. At present., i am hopefully expecting my PF final settlement . thank you sir
srinivasan J (Querist) 01 August 2017
Respected dhingra sir
My application for final settlement of PF account has been duly processed by ntpc PF fund and a cheque on my name containing pf money has been handed over to HR department, even though I have provided for direct deposit to my sb account as requested in the application form. Now HR department is asking me to come to their branch and collect the pf money cheque immediately. I am far away from my working place and I presently doing medical chek up of my wife. I stated the reasons for not appearing in person to collect my pf money cheque and requested them to deposit the same with the bank details provided by me in my application form. the bank account details are same as of my salary account maintained with ntpc limited. How long they can hold my pf money cheque. am I eligible for penal interest for the delayed deposit by the company. please advice whether I need to approach high court for getting my pf money cheque. in relation to this pf money cheque, HR sent an email of outstanding dues by me to the company which contains embizzled amount as per ntpc. the embizzled amount transactions are also also appearing in the criminal case filed against me by ntpc and the final verdict is due from lower court. naturally before the final verdict the embizzled amounts cannot be returned by me to company. but seeking earlier settlement of total dues, they have withhold my pf money cheque. similarly ntpc has not provided me the total amounts payable to me under the head salaries and wages including el encashment etc. will i get my pf money . i am tensed more . please advice


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