pension and graduity pending of retired employee in PSU Bank
3 Answers
Hello,
Sir,
In your case I would strictly advise not to file directly to Supreme Court without moving High Court.
For Gratuity, we need to issue a representation and thereafter file a writ.
For further details please connect with me through OLQ.
Dear Sir,
While delay in payment of retiral benefits can be argued as a violation of the Right to Livelihood (Article 21), the Supreme Court usually encourages litigants to exhaust the remedies available in the High Court (Article 226) first, unless a question of national importance or an egregious breach of fundamental rights with no other remedy exists.
Recommended Path for Gratuity: The Payment of Gratuity Act, 1972, is a self-contained code. The statutory remedy is to apply to the Controlling Authority under the Act. However, for a quick remedy, the High Court under Article 226 is usually preferred by employees of PSU banks, as it is generally faster than the statutory route. Direct SC petition under Article 32 is a high-risk strategy and unlikely to be admitted if the Calcutta HC remedy is available.
For pension minimum 20 years in service is required to be served by employee. Your service tenure is too short of 5 (approx.) years only so you donot deem eligible for pension.
- 1. No. You cannot directly approach SC. Non payment is not violation of any fundamental right. Your conception is not correct so consult a competent lawyer.
- 2. No SLP. However, You can file WRIT of mandamus in high court.