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M. Munikrishnan (Bank Executive (Retired))     17 March 2011

difference between compulsory retirement & dismissal

Pl inform difference between compulsory retirement and dismissal in PSU Banks.   What are all the benefits a compulsorily retired employee of the Bank is entitled to.  Can the Bank witho\- hold all his retirement benefits.  Thanks...muni



 7 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     17 March 2011

basic diffrence-

in a compulsory retirement concent is must,

but in dismissal concent is not needed!

niranjan (civil practice)     17 March 2011

Compulsory retirement is also punishment but he gets all benefits while in  dismissal no benefitksk.

1 Like

M. Munikrishnan (Bank Executive (Retired))     18 March 2011

Thanks to both of you.   Is there any decided  case by HC or SC in the matter of compulsory retirement employee being eligible for all retirement benefits.   Kindly quote the same or uphold the case for my benefit. Can the Bank withhold release of PF/Grautity/leave encashment for any reason without conveying such reasons.

M. Munikrishnan (Bank Executive (Retired))     18 March 2011

Thanks to both of you.   Is there any decided  case by HC or SC in the matter of compulsory retirement employee being eligible for all retirement benefits.   Kindly quote the same or upload the case for my benefit. Can the Bank withhold release of PF/Grautity/leave encashment for any reason without conveying such reasons.

Sudhir Kumar (Retd Govt Officer)     17 March 2012

If concpulsory retired no benefit canbe withheld.  In case of PSU it is EPFO which havs to give pension adn PF and they do not differentialte between retired and idsmissed employee.

Sudhir Kumar (Retd Govt Officer)     17 March 2012

I may be permitted to humbly disagree with Mr Sarvesh K Sharma. No soncsent it needed for compulsiry retirement it is punitive.  It is different from voluntary retirmenet.

 

Compulsory retirement is no bar on future employment while dismissal is.

vasudevan v (retired)     30 May 2014

There are so many case laws decided that compulsorily retired officers / workmen in Banks are entitled to all superannuation benefits. Pls search google compulsory retirement and retiral benefits.  Latest judgment of Supreme Court is Bank of Baroda Vs S K Kool (2014) 2 SCC 715

Vasudevan V

Secretary

Commercial Banks Retired Employees Association


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