Resolving Denial of Superannuation Benefit: Legal Remedy & Company Discretion

I left L&T after working for 26 years. I was a member of the company's superannuation scheme. After my resignation, the company did not give me the superannuation benefit without assigning any reasons. The fact is some of my colleagues who left after resigning and undergoing a lesser number of years in service and were also younger than me were given the superannuation benefit. The company says that it is at the discretion of the management. Do I have any legal remedy to get this amount? The amount in question is about 9 lakhs.

Try to solve the issue amicably with your immediate supervisor and HR.

Try to understand the reason behind why they are withholding the amount of superannuation benefit.

Dear,

If it is at the discretion of the company, then what can be done? Again, go through the company's superannuation policy for your query. If it is the discretion of the company, then you cannot have any legal remedy.

With Regards,
R.N.Khola

Superannuation benefit is nothing other than your gratuity, company scheme of any savings, your accumulated leave salary, and other things including your PF.

PF: If you contribute for more than 6 months, you are eligible to get PF and a pension amount. If your service is more than 10 years, you will get your PF only, and for pension, you will get the scheme certificate. In this case, if you attain the age of 50, you can opt for reduced pension, or if you join another company, the PF and pension may be transferred.

Gratuity: If you worked for more than 5 years, you are eligible for gratuity. Gratuity is to be paid by every company if they employed 10 employees in the preceding 12 months. Gratuity calculation is the last drawn salary (i.e., Basic+DA) / 26 * 15 * Number of years of service. Gratuity cannot be forfeited by the company except in cases of theft. You apply to the management in Form I as per the Gratuity Act and mark a copy to the Asst. Labour Commissioner.

See the reply.

Balu

Superannuation is solely at management discretion, but they cannot discriminate between employees. If they are providing superannuation benefits to one employee, then they cannot deny this to other employees. You can refer to the Supreme Court judgment in this case. Your case has legal standing, and you will receive the amount without any issue. I am also handling cases involving L&T in similar situations.

Dear Sir,

The same case is here. I started my career with L&T and worked for the past 19 years. This year, I resigned from the service and requested the HR department for the release of the Superannuation Fund amount. The company's HR person refused to make the payment citing denial as per company policy. I have received the Gratuity Amount after one month of my resignation.

Need help.

Regards, Rajesh