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Vikash Kumar (Finance Officer)     21 January 2014

Non-payment of retirement dues to municipal employee

What is the remedy to an employee who has retired from the Dhanbad Municipal Corporation almost couple of years back and did not get his total legitimate retirement dues including PF, Leaves, Gratuity etc.
 despite several representation to the concerned officials including the Municipal Commissioner.

The aggrieved has given several request letters in this regard and highlighted several court judgements including the recent judgement of Supreme Court ref. Civil Appeal No. 6770 of 2013 arising out of Special Leave Petition (Civil) no 1427 of 2009 to the current Municipal Commissioner but yet he did not get his legitimate retirement dues.

Now what are the remedies to him. Can he file case in the personal name of the Commissioner? Is the commissioner not responsible or accountable to adhere the order of SC in his functioning?

What are the legal provisions and laws which are involved in this case such as in relation to PF payment, Gratuity Payment, Leaves payment and other. Please provide detail information about name of the ACT or Law with respective sections/provisions.

He is indeed quite suffering because of it and he cannot bear the cost of such legal litigation any more.



 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 January 2014

Employees can give complaint to the labour commissioner. If he is a permanent employee, he can file a petition in State Administrative  tribunal.

Vikash Kumar (Finance Officer)     21 January 2014

Thanks Sir, I need to furnish the detail as may be relevant to you so as to throw more light on it.

The aggrieved is Junior Supervisor and a regular and permanent employee of Dhanbad Municipal Corporation


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