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Kannan   06 July 2017

Retirement benefits

Respected Sir,

 I got retired(Super annuation) on May-31-2017 from Thanjavur district cooperative milk producers union ltd. In the retirement order ,they have mentioned that I am permitted to retire from the services but the terminal benefits will be withheld ,till the settlement of the court order. I read the court order completely,it is about the accident case.Two people died in that accident,when our office milk van hit them on 2012 and I was working as the marketing manager during that period.The judgement says, the compensation should be given to the affected parties by the insurance company and the insurance company has the rights to claim the amount from the office. In that, nowhere is my name/post mentioned.But the office fails to give my retirement benefits by mentioning this court order. Till then,there was no pending charges/ enquiry against me. I am fed up. I don't know how to proceed further? Do I need to appeal in court? If so,can I appeal in high court? Is this case favourable to me? Kindly guide me.Thanks in advance.

Regards,

Kannan,R
 



Learning

 18 Replies

Kumar Doab (FIN)     06 July 2017

How come a Marketing Manger is held responsible for accident of lorry?

Was he driving the lorry?

Is the office order of declinature communicated to you in writing?

1 Like

Kumar Doab (FIN)     06 July 2017

Represent to the O/o authority that has signed the order and good offices of appointing authority, MD,CEO, under proper acknowledgment.

If you are unable to resolve take help of a very able local senior counsel of unshakable repute and integrity specializing in service matters.

 

Sudhir Kumar, Advocate (Advocate)     06 July 2017

Give full facts How was the accident How were you connected When claim is decided against insurer why they are allowed to claim damages from insurant Has company appealedhas insurer appealed Was company subscribing to EPFO what dues have not been paid
1 Like

Sudhir Kumar, Advocate (Advocate)     06 July 2017

Give full facts How was the accident How were you connected When claim is decided against insurer why they are allowed to claim damages from insurant Has company appealedhas insurer appealed Was company subscribing to EPFO what dues have not been paid
1 Like

Kumar Doab (FIN)     06 July 2017

Obtain certified copy(ies) of judgment.

The office order is either defective or sufferring from malice or intended or you have not posted full facts.

1 Like

Kannan   06 July 2017

The office did not send any letters and did not arrange any enquiries regarding this until may 31 2017.Suddenly on may 31,while I was arranging for the retirement party,the General Manager called me and said that my retirement benefits are going to be withheld. Next day,he gave this order. The order says"The terminal benefits payable to the officer,consequent on his retirement are ordered to be withheld,till the settlement of the court order mentioned below.Accordingly,he is relieved of his duties from the services of the union on the afternoon of 31.05.2017".

Ref:1.Chief Judicial Magistrate, District and sessions court,Thiruvarur Judgement No.M.C.O.P .No.01/2016,7th April 2016.

        2.Chief Judicial Magistrate, District and sessions court,Thiruvarur Judgement No.M.C.O.P .No.02/2016,7th April 2016.

They just mentioned the court order and did not attach any. I downloaded the judgement copy from the internet. The court order says,the insurance company has to give the compensation to the affected parties and it has rights to claim the amount from the office administration.As you can see above,the judgement came on april 2016,but until May 2017 they did not even inform me that I am involved in this case. The office has not gone for appeal till now.

When I asked the details to the GM,he said that the driver don't have the badge to drive heavy vehicle and it was my duty to check whether the driver has the badge or not . But I did not appoint him and as a marketing manager,my duty is to check whether the milk has reached the particular place at correct time.I worked and retired as an extension officer grade 2 and the marketing manager post was the additional charge given to me during 2012-2014.

 

Kannan   06 July 2017

EPF,leave salary,gratuity and pension.They withheld everything. 

Kumar Doab (FIN)     06 July 2017

Download the duties assigned to your designation, SOP, KRA’s etc etc  by any written order that is issued in writing, or place at any shared portal say;HR portal, ASAP.

Kumar Doab (FIN)     06 July 2017

What is this Badge?

The driver should have valid DL.

The office must have checked DL.

Who checks, verifies,  it  and allow to drive the vehicle? 

Kannan   06 July 2017

They said that the driver should have badge license( to drive heavy vehicles). The office administration appointment him and the driver was working in the office for more than 2 years before the accident... Through RTI act I have asked the appointment order of the driver, and other details... They have not replied yet.

Kannan   06 July 2017

The office said that the driver should have badge license( to drive heavy vehicles). The office administration appointment him and the driver was working in the office for more than 2 years before the accident... Through RTI act I have asked the appointment order of the driver, and other details... They have not replied yet...

Kumar Doab (FIN)     06 July 2017

If the driver and his/her license is not be checked by you, then you should not be held responsible.

 

Kannan   07 July 2017

Thank you so much for your time... Is it violation of constitution? Can I appeal in the high court directly??

jyotirmaya behera (advocate)     09 July 2017

That is the accident and the driver might be responsible for that accident if he had no DL.

The court order passed to right to recovery the said award amount from the company. Company may proceed against the driver not against the marketing manager.

 

What type of company is it?

What happened in that accident?

How you linked with that accident

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9132319262

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