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Saturday, February 19, 2011

Withholds part of gratuity amount of the Employee

The complainant was an employee in the APSRTC. On attaining his superannuation the complainant was retired from service in the year 1995. At the time of retirement from his service the respondent/APSRTC deducted an mount of Rs. 42,000/- from his gratuity amount on the ground that he has not exercised the Employees Family Pension Scheme (EFPS) in the year 1971 as per Employees Family Pension Scheme (EFPS). As per rules that the every employee shall excise Employees Family Pension Scheme (EFPS) within 6 months from the date of publication of rules and also declare his/her employees nominee every 10 years (ten). As per rules the complainant has excised his option and became a member of the scheme. For that an amount was also deducted. The complainant was also declared his nominee i.e his wife. The authorities without verifying their records bluntly they deducted an amount of Rs.42,000/- on for become a new member of the above said scheme. For release of the said amount the complainant has filed a complaint before the Guntur District Forum. The District Fora after conducted the detailed enquiry, and found that the complainant was a old member of the above said scheme and directed the authorities to release the said amount with rate of interest. Thereafter the APSRTC has filed Writ Petition before the Hon’ble High Court and granted interim stay in the matter. At the time of final hearing the Hon’ble Court disposed of the said W.P. direct the APSRTC to approach appropriate forum. Again the APSRTC has filed appeal before the Hon’ble State Commission at Hyderabad, the said appeal was disposed of, as it is dismissed for default. The above case was argued by me on behalf of the respondent/respondent/complainant before the both the courts and obtained favorable order.

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