mahendra debnath 19 January 2020

claim matter

my father was working in a public sector bank and bank suspend on 1998 and subsequently removed on 2003.Employeer cant proved him guilty at any court.My father decree all the cases, but in 2008 my father has been death.so I want to know that what type of benifit will be give to deceased employee's family.
The benifit will be provide by employeer is applicable till death or will be settled terminal benifits. pls suggest.

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10 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 19 January 2020

When Employee's services are terminated for whatever reason including dismisal, all eligible terminal benefits if any shall be settled immediately. No separate or further benefits are available to family members of such employee who was already removed from service before his death.

G.L.N. Prasad (Retired employee.) 19 January 2020

It all depends on serious cases of charges and nature of the offence. The proper course is to contact the Officers' Association or Pensioners' association, of the same bank, where you can get things moved in the right directions without wastage of time and money.

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Real Soul.... (LEGAL) 19 January 2020

It was suppoused to have been sought as relief from the court for release of benefits as due to him .

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Dr J C Vashista (Advocate) 20 January 2020

It would be advisable to consult lawyer engaged/ paid your father for better professional guidance. and necessary proceeding who is well aware about facts..

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P. Venu (Advocate) 20 January 2020

Facts asposted lacks clarity esp. as to ".Employeer cant proved him guilty at any court.My father decree all the cases, but in 2008 my father has been death"

Please post simple facts.

T. Kalaiselvan, Advocate (Advocate) 28 January 2020

If at all there was any claim due to him your deceased father would have made attempts to get them during his lifetime as he lived for over 5 years after he was reportedly acquitted in the criminal cases.

It appears that he had not taken any steps towrds this because he knew that he was not eligible for any other benefits since he was removed from service. Please remember that the removal from service by conclusion report of a departmental inquiry is different from the acquittal in a criminal case.

However, expungement can take place if charges are dismissed, withdrawn or acquitted. Most convictions cannot be expunged unless they are overturned or dismissed. ... Arrest and court records can be expunged if you are not guilty or if his case was dismissed.

Holding that the pendency of a criminal case cannot be a bar for an employee to approach the Labour Court to challenge a termination order, the Madras High Court dismissed a plea moved by an employee seeking to reinstate him, following his acquittal in the criminal case, as he had not raised an industrial dispute within the stipulated time limit of three years.

Justice S M Subramaniam made this observation while dismissing a plea moved by an employee of Tamil Nadu Zari Limited seeking reinstatement with all attendant benefits by quashing his termination order issued on February 3, 2014.

As per the case, K Ramesh was suspended on 23 July 2012 for the theft of zari. Thereafter, following a domestic enquiry he was suspended and thereafter terminated from service on February 3, 2014. Even the conciliation proceedings in 2015 had failed and no industrial dispute challenging his dismissal was raised. Now, following his acquittal regards zari theft, he moved the present plea seeking to direct Tamil Nadu Zari Limited to reinstate him with attendant benefits.

However, Justice Subramaniam on pointing out to the failure of the petitioner in moving an industrial dispute immediately after conciliation failed, said, “Pendency of the criminal case cannot be a bar for an employee to approach the Labour Court to challenge the order of termination. Even in case of acquittal, the same would not be a bar for the employer to continue the disciplinary proceedings. The standard of proof required for a criminal case is strict in nature. However, no such strict proof is required in the disciplinary proceedings.”

In view of the above you may ascertain the fcts and the background before you plan to claim any such benefits on behalf of your deceased father, also please note to ensure that if your father had already made the claims without your knowledge during his life time because it is around 12 years after he died.

mahendra debnath 03 February 2020

dear sir/madam, deceased employee removed from service 9.7.2003 for on account of his conviction in criminal case instituted by state ob the allegation of misappropriation of bank fund. hence deceased employee had been suspended from bank on 12.05.98 and removed 9.7.2003.
the said convictional judgement was set aside by addl session judge on 25.02.2005.after that bank preferred an appeal before hon'ble high court of odisha against the acquittal judgment of addl.session judge bearing case no criminal review 400/2005. and on 24.09.2008 employee died.
that the hon'ble high court of odisha has demised the criminal review petition and granting liberty to deceased employee on 11.04.2019.
Hence misappropriation if not proved ,dismissal from service not justified. so right now can I sought for for bellow points till death of employee.
1.compensation of job
2.family pension benifit on compute basis with arrears.
3.Unpaid subsitance allowances with reckoning increments of the period of suspension for the purpose of compution of subsistence allowances.
4.Arrear of salary.
5.full and final settlement wages from 09.07.2003 to 24.09.2008
please advice me .if have any circular or order pls provide me.
thanking you.

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P. Venu (Advocate) 04 February 2020

Was your father removed/dismissed from service on account of conviction by the Court or was it because of a departmental proceedings? After the death of your father, who was/were the respondents in the matter before the High Court? Was the High Court apprised of the death of your father while the matter was pending before the High Court?

P. Venu (Advocate) 04 February 2020

It appears that the case type you have posted is wrong. Please post the correct cae type and case number with year so that the Judgment/Order could be perused.