Settlement of service arrears
nagarajupatro
(Querist) 24 October 2014
This query is : Resolved
Respected Experts.... Please do the needful
A man served in the APSRTC as conductor since 1988 and he submitted sick certificate for 10days in 2001 for his medical leave... Then after he could not able to attend his regular duties due to his ill health and later on he approached higher authorities Viz., Depot manager etc., but in vain. The APSRTC did not settled the amounts PF etc., payable to the conducted and postponed the same on one pretext or other. At this stage what measures said person can take against apsrtc for getting his arrears.
Sudhir Kumar, Advocate
(Expert) 25 October 2014
Not understood
just 10 days of medical certificate and not attending duties for the last 6 years?
whether he is still on the rolls or dismissed.
Did he ever apply for VR
Please state facts of the case.
Rajendra K Goyal
(Expert) 25 October 2014
Whether resigned, dismissed or still on role. What are the reasons.
ajay sethi
(Expert) 25 October 2014
answer queries raised by Sudhir kumar
P. Venu
(Expert) 25 October 2014
Neither the employee or the employer (APSRTC) has taken any steps for cessation of the employment. Hence there is no question of the employee being entitled for any terminal benefits.
Sudhir Kumar, Advocate
(Expert) 25 October 2014
The querist has not replied my questions.
Therefore I am not able to express agreement or disagreement with Mr P Venu.
T. Kalaiselvan, Advocate
(Expert) 27 October 2014
The author should clarify the doubts raised in order to receive proper opinion or else his query will ignored as a vague query.
Guest
(Expert) 27 October 2014
The information submitted through your query is quite irrelevant to form any opinion. PF cannot be treated as a service arrear. Final withdrawal of PF becomes due only after retirement, termintion or resignation, about which you have not mentioned anything.
However, except leave salary for leave, if due, on medical grounds, the employee cannot claim funds, like PF, etc., unless he retires, resigns or is terminated from the post. So, better check if he is still shown as employee of the APSRTC. If not terminated or retired, he must subbit his resignation if does not want to work in the organisation.
nagarajupatro
(Querist) 12 November 2014
Hi Good evening respected experts. First of all am very sorry to say that am unable to see the answers as am out of station. To the best of knowledge of the employee he has been dismissed / terminated from the services with out proper intimation by way of serving a notice personally. Later he approached the depot manager and he was neglected by the authorities. In such case he should get proper relief
Sudhir Kumar, Advocate
(Expert) 12 November 2014
you sid
"To the best of knowledge of the employee he has been dismissed / terminated from the services with out proper intimation by way of serving a notice personally."
To the best of your knowledge you do not know specific knowledge.
It is just unbelievable that an employee will be terminated without information or such information cannot be obtained in RTI from Govt company.
Please come with those facts which you know for sure.
The experts in this forum generally do not like to give any view on imagination because unless facts are clear the advise may or may not be suitable to you.
