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My retirement benefits are stopped because of a pending case. Advise


09-Feb-2023 (In Labour & Service Law)
I had retired from the service of a Public ltd. company(PSU) in 6/2016. My retirement benefits such as Gratuity, Leave encashment and commutation of pension withhold due to pending Vigilance Case. One of the employee involved in praud by manipulation of accounts by using other employees passwords.In this case more than 30 members victimised. I have received a letter from my management by asking me to give some clarification of one of the adjustment voucher for rs.98000/- ,which is prepared by me due suspicious in nature in 9/2014. I have given my clarification within 10 days after receiving the explanation letter. i have prepared this voucher as per the administrative guidelines given by management and not involved any fraud or negligence in my duty. I have not received any show cause notice or letter till today.On the retirement day , i have received letter from management stating that my above said benefits were stopped due to pending vigilance case.I am not aware of the s
Answers (1)

Answer #1
840 votes
yourfather should file petition before CAT to direct govt to release his provident fund dues , gratuity and other pension benefits

2) Govt cannot withhold your father PF , gratuity merely because criminal case is pending.

The pension cannot be stopped unless he is convicted. It is basic law that a person accused of an offence is presumed to be innocent unless he is proved guilty. You should move the HC for the release of his pension.

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