jayakumar.j (advocate) 27 September 2019

Termination after superannuation from service.

There is no provision in the Tamilnadu Cooperative Societies Act either to continue the services of an employee of coop.Socieites or proceed wqith disciplinary action after superannuation. But an employee was subjected to disciplinary action after superannuation and terminat3ed after the date of superannuation.The terminal benefits which ought to have been disbursed was not also paid.What is the remedy ?

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jayakumar.j (advocate) 28 September 2019

File a writ petition in High Court for terminal benefits.

Sudhir Kumar, Advocate (Advocate) 06 October 2019

Not believable that a superannuated employee can be terminated.

jayakumar.j (advocate) 06 November 2019

I came across a case where an employee superanannuated on 30-4-2018 and the Mangement, instead of allowing retirement or relieving from duty proceedded on the disciplinary action and terminated him on 05-09-2019. The employee apprached the Labour Court for the settlement of retiral benefits deeming retirement on superannuation.Apparently, the Labour Court ruled that he ought to have challenged the dismissal before the labour court instead of filing Claim Petition under section 33 (C) 2.