I resigned from my job after completing 38 years of service in a private co-operative bank when there were 14 months of service left. The reason for my resignation was health-related. On 31.05.17, our wage revision agreement between the management and employees' union was due in July 2013. However, after I left the job, the new wage agreement was finalized in October 2017, but I did not receive the arrears of salary from July 2013 to May 2017. The agreement stipulates that arrears will only be paid to employees who were in service on the date of the agreement, or to retired or deceased employees.
Am I eligible to claim the arrears, or is there a possibility for me to receive them?
From India, undefined
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Am I eligible to claim the arrears, or is there a possibility for me to receive them?
From India, undefined
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Dear Mr. PA Pinto,
You may submit an application for the payment of arrears from July 2013 to May 2017. Furthermore, you mentioned, "since there is a clause in the agreement that..." Which agreement are you referring to? Is it between the labor union and management or between you and your management? In any case, there is nothing inherently wrong in requesting the arrears.
Lastly, please note that this is a professional forum, and the use of SMS shortcuts or language typical of social media is not expected from a senior individual like yourself. When seeking advice, a professional approach should be maintained.
Thanks,
Dinesh Divekar
From India, Bangalore
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8219You may submit an application for the payment of arrears from July 2013 to May 2017. Furthermore, you mentioned, "since there is a clause in the agreement that..." Which agreement are you referring to? Is it between the labor union and management or between you and your management? In any case, there is nothing inherently wrong in requesting the arrears.
Lastly, please note that this is a professional forum, and the use of SMS shortcuts or language typical of social media is not expected from a senior individual like yourself. When seeking advice, a professional approach should be maintained.
Thanks,
Dinesh Divekar
From India, Bangalore
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We hired a person aged 65 years with heart disease. For the last two years, he has been in service. If anything is wrong during his working hours, we have to pay any compensation. If so, what is the total amount, and how can we calculate the death benefit?
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From India, Chennai
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From India, Chennai
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Dear Dinesh Divekar Sir,
Thank you for your reply. The agreement I am referring to is between the management and the co-op bank employees' union. This agreement was signed in October 2017. All individuals who were in service at the time of signing the agreement, as well as those who retired or passed away from July 2013, received their arrears, except for the staff members who resigned.
Following a telephonic conversation with the HRM Department, they mentioned that even if I submit an application to claim the arrears, it is likely to be rejected. Despite this information, I have submitted my claim application. If my application is rejected, could you please advise if there are any legal remedies available to me?
I would appreciate your guidance on how to proceed in this matter.
Best regards,
P. A. Pinto
From India, undefined
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Thank you for your reply. The agreement I am referring to is between the management and the co-op bank employees' union. This agreement was signed in October 2017. All individuals who were in service at the time of signing the agreement, as well as those who retired or passed away from July 2013, received their arrears, except for the staff members who resigned.
Following a telephonic conversation with the HRM Department, they mentioned that even if I submit an application to claim the arrears, it is likely to be rejected. Despite this information, I have submitted my claim application. If my application is rejected, could you please advise if there are any legal remedies available to me?
I would appreciate your guidance on how to proceed in this matter.
Best regards,
P. A. Pinto
From India, undefined
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Dear Mr. Pinto,
If the labor union, of which you were a part, has accepted and signed a condition, then on what legal grounds would you hold the company responsible? You will have to speak with your union, of which you were a part, to ask why such a clause was accepted by them. Legally, I do not think you have any grounds as the union has accepted the same, and the union speaks on behalf of the members.
Regards,
Ashutosh Thakre
From India, Mumbai
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If the labor union, of which you were a part, has accepted and signed a condition, then on what legal grounds would you hold the company responsible? You will have to speak with your union, of which you were a part, to ask why such a clause was accepted by them. Legally, I do not think you have any grounds as the union has accepted the same, and the union speaks on behalf of the members.
Regards,
Ashutosh Thakre
From India, Mumbai
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Supreme Court’s Views on Using the Words “Resignation” in Letter Given at the Time of Quitting the Bank
This link may give some insight into problems projected by the learned poster.
From India, Pune
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This link may give some insight into problems projected by the learned poster.
From India, Pune
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Dear friend,
Not only in Co-operative Banks/Societies but also in some other private organizations, denial of arrears of monetary benefits consequent on the belated wage revision agreements to those employees who are not in the service of the establishment on the date of signing of such agreements is followed as a usual practice with a view to reducing the financial burden of the Managements. Trade Unions representing the workmen in such collective bargaining negotiations also meekly join hands with the Managements in such a practice either out of their weak bargaining position or out of their callous attitude towards their past members. When such agreements happen to be tripartite settlements u/s 12(3) of the Industrial Disputes Act, 1947, Conciliation Officers also get overwhelmingly influenced by the consensus exhibited before them by both the parties and fail to evaluate the legality or ethicality or justifiability of such negative clause of the proposed settlement relating to its retrospective effect independently.
Normally, wage settlements have a definite periodicity of operation and revision as agreed by the parties subject to the statutory limit in this regard. Similarly, no doubt that the prospective or retrospective operation of a revised settlement is a subject matter of discretion of the parties concerned in view of the possible delay, if any caused by inevitably protracted negotiations. But there should be some propriety in such discretion. If the revised settlement takes a prospective effect, there is reasonableness in the contention that it would apply in its entirety only to those employees in service on the date of its signing. If it is retrospective, it should apply to all employees including those who were in the service of the establishment and legally permitted to leave the service during the interregnum by way of resignation or retirement on reaching the age of superannuation or dying in harness. How can they be excluded in respect of payment of arrears consequent on the retrospective revision of wages? Such a negative clause would certainly neither be ethical nor logical. The arrears you are asking for now is only for the period of service already rendered by you. Moreover, the resignation of an employee when it is duly accepted and acted upon by the Management is a lawful mode of termination of employment. Perhaps the HR might have just wrongly interpreted the clause in isolation.
So, make a formal claim for arrears of pay revision based on the revised settlement. If it is denied, file a claim u/s 33C(2) of the ID Act, 1947 before the Labor Court for your area.
From India, Salem
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Not only in Co-operative Banks/Societies but also in some other private organizations, denial of arrears of monetary benefits consequent on the belated wage revision agreements to those employees who are not in the service of the establishment on the date of signing of such agreements is followed as a usual practice with a view to reducing the financial burden of the Managements. Trade Unions representing the workmen in such collective bargaining negotiations also meekly join hands with the Managements in such a practice either out of their weak bargaining position or out of their callous attitude towards their past members. When such agreements happen to be tripartite settlements u/s 12(3) of the Industrial Disputes Act, 1947, Conciliation Officers also get overwhelmingly influenced by the consensus exhibited before them by both the parties and fail to evaluate the legality or ethicality or justifiability of such negative clause of the proposed settlement relating to its retrospective effect independently.
Normally, wage settlements have a definite periodicity of operation and revision as agreed by the parties subject to the statutory limit in this regard. Similarly, no doubt that the prospective or retrospective operation of a revised settlement is a subject matter of discretion of the parties concerned in view of the possible delay, if any caused by inevitably protracted negotiations. But there should be some propriety in such discretion. If the revised settlement takes a prospective effect, there is reasonableness in the contention that it would apply in its entirety only to those employees in service on the date of its signing. If it is retrospective, it should apply to all employees including those who were in the service of the establishment and legally permitted to leave the service during the interregnum by way of resignation or retirement on reaching the age of superannuation or dying in harness. How can they be excluded in respect of payment of arrears consequent on the retrospective revision of wages? Such a negative clause would certainly neither be ethical nor logical. The arrears you are asking for now is only for the period of service already rendered by you. Moreover, the resignation of an employee when it is duly accepted and acted upon by the Management is a lawful mode of termination of employment. Perhaps the HR might have just wrongly interpreted the clause in isolation.
So, make a formal claim for arrears of pay revision based on the revised settlement. If it is denied, file a claim u/s 33C(2) of the ID Act, 1947 before the Labor Court for your area.
From India, Salem
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