Mediclaim cheque hold by the employer

dinesh vashistha (Querist) 30 May 2013 This query is : Resolved
Sir, Company hold the medical claim cheque paid by insurance co. When contacted at insurance co : The New India Assurance Company Limited. They replied Our Mumbai R.O.III has confirmed that the claim was settled for Rs. 163997/- vide cheque No. 905974 dated 12-4-2010 to the Insured M/s. Wellspun Group. Since it is a group mediclaim policy, the claim cheque were handed over to the insured only.
When contacted Employer HR deptt. Says” that your services are no more to us so you are not eligible to receive payment of medical claim”. The actual position is neither I have resigned nor they serve me any notice or any termination letter.
When I served a legal notice to company they replied me that "we terminated you on 12.12.2009 due to absent" sir after that I was present in company on 15th april 2010 and 16th and also I have punched my bio-matric card on that day I was on the company register otherwise machine will not accept my card.

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ajay sethi (Expert) 30 May 2013
company cannot with eld your medicalim dues . the company is bound to reimburse you the amount of Rs 1, 63,000 recovered from insurance company . in rejoinder to legal notice mention that you had attended office on 15th April 2010 and contention of company that your services had been terminated on 12th Decemnber 2009 is false.

if company does not pay take legal proceedings aginst company

Rajendra K Goyal (Expert) 30 May 2013
The mediclaim seems to have been for the period you were in the Company (it seems it was for the time even before alleged date i.e. 12.12.2009. The Company has no right to with held this amount. Take steps as suggested by Expert.