We an Undertaking Corporation of The Government of West Bengal is passing through a discreet situation as stated underneath.
An employee filed a case in the Court of Law against an order issued against his favor in Nov 2017. From December 2017 he stayed away from Official Responsibilities while court was in action. Consequently, no salary was paid to him during his absence from the Office but the PF Contribution, (Employers and Employees both) was deposited with the PF Directorates till March 2018 post-verbal instruction given; by the Managing Director of the Corporation
Unfortunately, the employee has lost the case. Subsequently, he has tendered his resignation on Sep 30, 2018.
The issue arose like as follows:
1) The PF (Employers and Employees both) deposited by the Corporation can be recovered from the Employee for the period from Dec 2017 to March 2018 (no salary paid during this period)
2) Can the employee take any action against the Corporation for the delay (around 90 days) in taking the decision for the release as desired by the employee?
May I request you to let us know your viewpoints regarding the matter discussed above. Also sincerely requested to provide us the information (section/case law) in support of your conclusion.
Thank you very much for your time, attention and consideration.