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Proper pension not paid.


01-May-2023 (In Labour & Service Law)
Ex employee- Surendra prasad , Ex ticket no. 310162. Pension scheme- Defined benefit scheme. Date of joining the company- 04.10.1978. Superannuation fund membership date- 01.04.1988. Retirement date - 01.04.2013. Last drawn basic - Rs 59,115/month None membership period - 9 years. Membership period - 25 years. As per Tata motors superannuation fund trust deed paragraph 11.1 and 11.2 pension should be calculated on last drawn salary and for total service period. As per following formula :- Pension per month = [0.75 percent of last drawn salary multiplied(*) by non membership period] plus (+) [1.5 percent of last drawn salary multiplied (*)by membership period] The company is calculating on basic of RS 17,465 and on 15 years of membership period only. Company has reduced my basic and service period without any reason. According to the formula=> [0.0075*59115*9]+[0.015*59115*25] = 3990 + 22168 = rs 26,158/ month = rs 3,13,896/ year where is company is providing Rs 88685/year only.
Answers (1)

Answer #1
292 votes
Are you sure about your calculations? In case, you're sure, then serve a legal notice to the concerned company also send copy of the same to Senior vice-president through some Labor Law Lawyer. Next send a written complaint to Labor Commissioner. If nothing happens within 1-2 months, then file a legal suit in the labor court. But kindly take help of Labor Law Lawyer in all these communications, do not try on your own.

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