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RASHMIKANT G. DAVE (PROPRIETOR)     23 November 2014

Payment under 17 b of i d act after retirement age

Dear  Colleague,

My service was illegally terminated in 1991. The CGIT cum Labour Court, Ahmedabad ordered for reinstatement with 50% back wages and stoppage of two increment. The Management of State Bank of India had challenged this decision before High Court of Gujarat. The same is pending for final judgment.

Presently I am getting a payment of Rs.5304/- being the last drawn salary in the year 1991 under section 17 B of I d Act, as Management of State Bank of India had challenged my reinstatement. The Division Bench of Gujarat High Court had also ordered to pay this salary at an enhanced Rate of Rs. 25,000/- per month. However the Management of State Bank of India had challenged this order before Honourable Supreme Court of India.  Now I am reaching to the age of retirement on 31.12.2014. Main Matter is pending before Honourable High Court of Gujarat for final hearing. 

I am seeking guidance on following issue :

Shall I eligible to get the relief under Section 17 B of I D Act even after reaching to the age of Superannuation ?

Shall I claim the Full / Part Payment of my back wages or  interest thereon on reaching to the age of

retirement ?

Shall I claim provisional pension ?

Your guidance along with citation therewith will be highly useful to me.





 1 Replies

Isaac Gabriel (Advocate)     06 December 2014

You can get all dues based on the outcome of the cases.Retirement may be delayed,but provisional pension or subsistence allowance need to be given after your suparannuation.

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