Sir, I am Samir Kumar Das from Mysore, Karnataka. My date of birth is 5-2-1960. I am working as a technician. As per my date of birth, 5-2-2018 was my retirement date. The company never informed me about anything. On 4/2/18, they sent me an SMS and requested me to attend the farewell on the same day. As per the Government of Karnataka's order on 17/3/2017, the retirement age was enhanced from 58 to 60 years. In an appeal against the government's order, the owner association of Bangalore put a case against the government. The high court ruled in favor of the employee/government.
In the meantime, D.L.C. Mysore also approved and enhanced the retirement age from 58 to 60 years. The order was put on the company's notice board, reinstating me as per the high court order. Around June, the owner association filed a new appeal to the high court, case no. WA-2304. I have been out of service for the last 9 months. The case is ongoing in DLC as well. My P.F. and gratuity are pending.
Sir, now my question is if the honorable high court gives an order in favor of the employee, is our company XXX INDIA LTD bound to follow the order? Are they forced to continue my service till 60 years? Are they obligated to pay my last 9/10 months' salary? If I withdraw my P.F. and gratuity, do they still need to pay or continue the service as per the high court order to retire at 58? From 27/3/17, must they enhance their service and pay all the balance payments? Within 10 days, the final order will come from the high court. Can you please guide me on what I should do now? Please help me, sir, and guide me.
From India, Mysore
Acknowledge(0)
Amend(0)
In the meantime, D.L.C. Mysore also approved and enhanced the retirement age from 58 to 60 years. The order was put on the company's notice board, reinstating me as per the high court order. Around June, the owner association filed a new appeal to the high court, case no. WA-2304. I have been out of service for the last 9 months. The case is ongoing in DLC as well. My P.F. and gratuity are pending.
Sir, now my question is if the honorable high court gives an order in favor of the employee, is our company XXX INDIA LTD bound to follow the order? Are they forced to continue my service till 60 years? Are they obligated to pay my last 9/10 months' salary? If I withdraw my P.F. and gratuity, do they still need to pay or continue the service as per the high court order to retire at 58? From 27/3/17, must they enhance their service and pay all the balance payments? Within 10 days, the final order will come from the high court. Can you please guide me on what I should do now? Please help me, sir, and guide me.
From India, Mysore
Acknowledge(0)Amend(0)
If the High Court rules in favor of enhancing the retirement age, then it depends on the relief given by the Court to the already retired employees. Though you can be optimistic that you will be entitled to the due payments as if you have been in service. You need not worry about the withdrawal of PF & gratuity as you cannot be denied benefits for having withdrawn them. Await the final orders and act accordingly.
From India, Mumbai
Acknowledge(0)Amend(0)
1593From India, Mumbai
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
APFC, Gurgaon VS G4 Securitas (P unjab & Haryana High Court Order).pdf