Gursimran
i was working with nationalized bank and joined the same in april 2003, in the year oct 2010 bank took a legal action against me(embezzlement of money) and my services got terminated in Oct 2013. the case is still in court i have appealed against the judgement of the court. can you please tell what options do i have now, bank has not paid me any PF and Gratuity. i have been paid half salary but in year 2011 or 12 my salary was restored to full salary but in 2013 they again started paying me half salary and i appealed for the same but got no response from the bank. IN court also no one has testified against me. tell me what should i do
From India, Chandigarh
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Gursimran
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You can get back the PF, your as well as the employer contribution with uptodate interest. Use the online PF withdrawal Form. As regards gratuity, financial embezzlement calls for forfeiture of gratuity, partially or fully. Before forfeiture, you have to be issued a show cause notice. It appears none has been issued. If still gratuity has been withheld, you can give an application to the Controlling Authority under the PGA 1972 (the local Labour Officer) and claim it you will get it with simple interest.
You were paid half salary, for some period and full salary for some period (most likely during the domestic enquiry and not while pending at court) , the respective disciplinary rules have to be seen, to understand this. If you have any queries regarding the same, pl attach the rules, a definite opinion can be given.
Since the matter is before the court and has not been decided, it is sub judice and depending on the outcome further course can be decided. As such it looks like you can expect a favourable outcome.

From India, Mumbai

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