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news details
HC attaches bank accounts of JAKFED
For denying retiral dues to employee
5/10/2019 10:15:27 PM
Early Times Report
Jammu, May 10: The J&K High Court on Friday attached the bank accounts of JAKFED for not releasing retiral dues of one of its employees despite a court order in his favour.
The petition was filed by Gurmeet Singh who was serving in JAKFED and retired four years ago but could not get post-retirement benefits. Justice Rajesh Bindal, after hearing Advocate Raghu Mehta for the petitioner, took serious note and attached the bank accounts of JAKFED.
Justice Bindal observed that an employee who had served an institution throughout his life is not required to wait for payment of his retiral dues and leave it at the whims and fancies of the employer to pay him as per their desire and not immediately after retirement.
"In fact the retiral dues are required to be paid to an employee, the day he retires from service. It is hard earned money of an employee and not a bounty. Hence, any delay in payment thereof cannot be accepted and in the present case it is not that the petitioner had not been paid his retiral dues for days or months rather more than four years have lapsed after his retirement and despite order passed by this court he has not been paid even a single penny," the court observed.
Justice Bindal observed that the court does not have any other option but to adopt the following ways to secure payment of retiral dues of the petitioner and ordered that accounts of JAKFED shall stand attached to the extent of retiral dues payable to the petitioner. The banks concerned are restrained from allowing JAKFED to withdraw any amount from these accounts unless the retiral dues of the petitioner are cleared. The amount due to the petitioner shall be calculated by the JAKFED and informed to the aforesaid bank branches within a period of two weeks to enable the banks to transfer the same to the account of the petitioner.
Justice Bindal further ordered that in case it is found that the amount in the aforesaid account is not sufficient enough to take care of the amount due to the petitioner, the salary of the officer, who was present in court, namely, Rajesh Kumar, shall stand attached. He shall not be paid salary till such time the arrears of retiral dues payable to the petitioner are cleared. However, that will not mean that the aforesaid officer shall not be entitled to any salary for this period or claim his salary from the JAKFED.
The court further observed in case the needful is not done, it may have to take steps to attach even the salary of the Managing Director of JAKFED, Suraya Jabeen, to clear the retiral dues of the petitioner.
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