I was working with a nationalized bank and joined in April 2003. In October 2010, the bank took legal action against me for embezzlement of money, and my services were terminated in October 2013. The case is still in court, and I have appealed against the court's judgment. Can you please tell me what options I have now? The bank has not paid me any PF and gratuity. I have been paid half salary, but in 2011 or 2012, my salary was restored to full, and then in 2013, they again started paying me half. I appealed for the same, but received no response from the bank. In court, no one has testified against me. What should I do?
From India, Chandigarh
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From India, Chandigarh
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You can get back the PF, yours as well as the employer's contribution, with up-to-date interest. Use the online PF withdrawal form.
Gratuity and Forfeiture
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 submit an application to the Controlling Authority under the PGA 1972 (the local Labour Officer) and claim it; you will get it with simple interest.
Salary Payment During Legal Proceedings
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, please attach the rules, and a definite opinion can be given.
Court Proceedings and Future Actions
Since the matter is before the court and has not been decided, it is sub judice, and depending on the outcome, further courses can be decided. As such, it looks like you can expect a favorable outcome.
From India, Mumbai
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1593Gratuity and Forfeiture
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 submit an application to the Controlling Authority under the PGA 1972 (the local Labour Officer) and claim it; you will get it with simple interest.
Salary Payment During Legal Proceedings
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, please attach the rules, and a definite opinion can be given.
Court Proceedings and Future Actions
Since the matter is before the court and has not been decided, it is sub judice, and depending on the outcome, further courses can be decided. As such, it looks like you can expect a favorable outcome.
From India, Mumbai
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LEGAL IMPACT ON PF - INTERNATIONAL WORKERSppt.pdf
ESI-PF-Gratuity .xls