Facing Denial of Superannuation Benefits After 26 Years – Do I Have Legal Options?

I left L&T after working for 26 years. I was a member of the company's superannuation scheme. After my resignation, the company did not give me the superannuation benefit without assigning any reasons. The fact is some of my colleagues who left after resigning and had served fewer years and were also younger than me were given the superannuation benefit. The company says that it is at the discretion of the management. Do I have any legal remedy to get this amount? The amount in question is about 9 lakhs.

Try to solve the issue amicably with your immediate supervisor and HR.

Try to understand the reason behind why they are withholding the amount of superannuation benefit.

If it is at the discretion of the company, then what can be done? Again, go through the company's superannuation policy for your query. If it is the discretion of the company, then you cannot have any legal remedy.

With Regards,
R.N.Khola

Understanding Superannuation Benefits

Superannuation benefit includes your gratuity, company savings schemes, accumulated leave salary, and other components such as your Provident Fund (PF).

• **PF:** If you contribute for more than 6 months, you are eligible to receive PF and a pension amount. If your service exceeds 10 years, you will receive only your PF, and for the pension, you will get a scheme certificate. If you reach the age of 50, you can opt for a reduced pension, or if you join another company, your PF and pension may be transferred.

• **Gratuity:** You are eligible for gratuity if you have worked for more than 5 years. Every company with at least 10 employees in the preceding 12 months must pay gratuity. The calculation for gratuity is: (Last drawn salary, i.e., Basic + DA) / 26 * 15 * Number of years of service. Gratuity cannot be forfeited by the company except in cases of theft. You should apply to the management using Form I as per the Gratuity Act and send a copy to the Assistant Labour Commissioner.

See the reply.

Regards,
Balu

Superannuation and Legal Rights

Superannuation is solely at management discretion, but they cannot discriminate between employees. If they are providing superannuation benefits to one employee, then they cannot deny this to other employees. You can refer to the Supreme Court judgment in this case. Your case has legal standing, and you will receive the amount without any issue. I am also handling cases involving L&T in similar situations.

Regards

Dear Sir,

The same case is here. I started my career with L&T and worked for the past 19 years. This year, I resigned from the service and requested the HR department for the release of the Superannuation Fund amount. The company's HR person refused to make the payment citing denial as per company policy. I have received the Gratuity Amount after one month of my resignation.

Need help.

Regards, Rajesh