retirement benefits for a commissioned based employee who served for 30 years for SBH

This query is : Resolved 

Querist : Anonymous (Querist)
14 January 2011

my father is a Janata Deposit collector in State Bank of Hyderabad which is commision based , he has 30 years of service and his age is 56.

when he was appointed in 1980 after 4 years this scheme was removed at that time he filed case in court for continuation which court accepts it stayed the order of SBI,
from that time my father and other agents (in other branches ) have been continuing by the help of court orders.
Now SBI recently passed a circular to stop the job by taking some money 2,50,000 by some formula applying on commision you have earned in past 2 years
now my father earns 22,000 to 25,000 commission monthly this 2,50,000 will become one year salary
my query is that is there any law which directs SBI to give retirement (all funds including pension ) to my father who has 30 years of service like central govt emloyee
my father has met one lawyer he said that my father cannot get that retirement benefits and can only take that 2,50,000
suggest me how to proceed in this case to get all benefits as no one in my family is employed my family totally depended on my father if he looses his job my family cannot survive
please how to poceed in this case

Ajay Bansal (Expert)
14 January 2011


raj kumar makkad (Expert)
14 January 2011

As your father do not possess any cadre in the bank so his has no similarity as of other central Govt. employees so there is no scope to grant any service benefit as desired except as offered by Bank.

Uma parameswaran (Expert)
14 January 2011

Go through the circular and try to challenge it before court of law.

Kirti Kar Tripathi (Expert)
14 January 2011

I am sorry that I cannot help your father as law in this regard is clear and against your father as Hon'ble Apex Court in re Manjit singh Versus Punjab National Bank has specifically held that the pigmy deposit collector are not entitled for regularisation of services and benefits as other regular employees of Bank are getting. Since they are not entitled for benefits of regular employment therefore he can not get pension under the law. Moreover, continuation of your father is due to stay granted by the Court, this also does not create legal right on the post. Whatever, your lawyer has suggested that correct.

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