I am the Secretary of retired bank employees. My members are clerical,substaff from workmen categories and includes officer staff also from a private bank retired under VRS. We have filed civil suit against the Pvt bank for
claiming money due on account of non payment of pension to VRS employees
claiming money due on account of non-payment of silever jubilee award of Rs.5000/- to VRS employees
The claim is both for workmen & officers. Though we know, workmen can approach Labour court / Tribunal / raise a dispute, in order to reduce multiplicity of litigation we filed a suit before civil court.
There is no express bar in ID Act that workmen cannot approach civil court.
But there is bar in ID Act that officers / supervisors cannot seek remedy under ID Act.
In the circumstances, are we correct in filing civil suit?
In swarnakar Vs Bank of India, SC held that VRS is a contract. One of the terms of contract i.e VRS is payment of terminal benefits like pension, gratuity and ex-gratia.
I came to know of a SC judgment in https://www.lawyersclubindia.com/articles/Jurisdiction-of-Civil-Court-in-labor-matters-when-not-barred-/796/ wherein it is mentioned that seeking remedy under common law by way suit is permitted.
Can you clarify whether our stand is correct in approaching civil court? Will the civil court have jurisdiction over the matter?
I will be thankful if you give any case law in this regard.