Query
I resigned from job after completing 38 years of service in a pvt co op bank,when 14 months of service left.i resigned on health grounds.o n 31.05.17.our wage revision agreement between management &employees union was due in July 2013.now after I left job the new wage agreement was done in Oct 2017.but I was not paid arrears of salary from July 13 to may 17 since there is a clause in d agreement that arrears will b paid to only those employees who are in service on d date of agreement & retired n expired employees..
Shall I claim or am I eligible to get arrears
Anonymous

19th October 2017 From India, undefined

PARTICIPATING IN DISCUSSION:
Dinesh Divekar
Business Mentor, Consultant And Trainer
Umakanthan53
Labour Law & Hr Consultant
Ashutosh Thakre
Hr Professional
P A Pinto
Resigned
Amuralidaaran@yahoo.com
Finance/accounts Manager
+1 Other

Dear Mr PA Pinto,

You may put up application for the payment of arrears from Jul 2013 to May 2017.

Further you have written that "since there is a clause in d agreement that..." Which agreement you are talking about? Is it between labour union and management or you and your management? Anyway, nothing wrong per se to ask for the arrears.

Lastly, please note that this is a professional forum and SMS shortcuts or the language used in social media was not expected from a senior person like you! While seeking advice, professional approach must be maintained.

Thanks,

Dinesh Divekar
19th October 2017 From India, Bangalore
We hired a person aged 65 years with heart diseases. For the last two yeras he has been in service. If any thing is wrong during his working hours, we have to pay any compensation.
If so what is the total amount and how we can calculate the death benefit
22nd October 2017 From India, Chennai
Dinesh Divekar Sir,
Thanks for the reply.The agreement iam talking about is between management and co op bank employees union..The said agreement is signed in the month of October 2017..All those are in service on the date of signing agreement,and those who retired and expired from July 2013 were paid arrears except to those staff who were resigned..
As per my telephonic discussion with the HRM Dept they told that even if I put up an application to claim arrears it will get rejected..but still I put up my claim application.
But it it's get rejected whether any legal remedy is available for me..
Please adivise to proceed in this matter
P A Pinto
22nd October 2017 From India, undefined
Dear Mr. Pinto,

If the labour Union which you were a part of has accepted and signed an condition, then on what legal grounds would you held the company responsible. You will have to speak with your union, that you were a part of, to ask, as to why such a clause was accepted by them.

Legally, i do not think you have any grounds, as the union has accepted the same and the union speaks on behalf of the members.

Regards,

Ashutosh Thakre
23rd October 2017 From India, Mumbai
nathrao 1439
Supreme Court’s  Views on Using the Words “Resignation” in Letter Given at the Time of Quitting the Bank
This link may give some insight into problems projected by the learned poster.
24th October 2017 From India, Pune
Dear friend,
Not only in Co-operative Banks/Societies but also in some other private organizations, denial of arrears of monetary benefits consequent on the belated wage revision agreements to those employees who are not in the service of the establishment on the date of signing of such agreements is followed as a usual practice with a view to reducing the financial burden of the Managements. Trade Unions representing the workmen in such collective bargaining negotiations also meekly join hands with the Managements in such a practice either out of their week bargaining position or out of their callous attitude towards their past members. When such agreements happen to be tripartite settlements u/s 12(3) of the Industrial Disputes Act,1947 Conciliation Officers also get overwhelmingly influenced by the consensus exhibited before them by both the parties and fail to evaluate the legality or ethicality or justifiability of such negative clause of the proposed settlement relating to its retrospective effect independently.
Normally wage settlements have definite periodicity of operation and revision as agreed by the parties subject to the statutory limit in this regard. Similarly, no doubt that prospective or retrospective operation of a revised settlement is a subject-matter of discretion of the parties concerned in view of the possible delay,if any caused by inevitably protracted negotiations. But there should be some propriety in such a discretion. If the revised settlement takes a prospective effect, there is reasonableness in the contention that it would apply in its entirety only to those employees in service on the date of its signing. If it is retrospective, it should apply to all employees including those who were in the service of the establishment and legally permitted to leave the service during the interregnum by way of resignation or retirement on reaching the age of superannuation or dying in harness. How can they be excluded in respect of payment of arrears consequent on the retrospective revision of wages ? Such a negative clause would certainly neither be ethical nor be logical. The arrears you are asking now is only for the period of service already rendered by you. Moreover, resignation of an employee when it is duly accepted and acted upon by the Management is a lawful mode of termination of employment. Perhaps the HR might have just wrongly interpreted the clause in isolation.
So, make a formal claim for arrears of pay revision based on the revised settlement. If it is denied file a claim u/s 33C(2) of the ID Act,1947 before the Labor Court for your area.
17th November 2017 From India, Salem
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