retired employee benefit in case of merger

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

04 January 2011 If an employee of BRL working in bracket of 4th Pay Commission when he retired. The 5th pay Commission was due for the employee and was eligible for all benefit available as arrear Salary. The employee retires in the year 2002. The 5th Pay commission was due for the period frm 1997 to 2002. The BRl merged with sail from April 2007 wihout doing pay revision. The Sail now revised the salary of the present employee of Brl. Can the ex employee of BRl has any remedy available. Can they claim their arrear due of period from 1997 to 2002. Can a Company directly jump from 4th to 6th pay commission without giving any benefit to their ex employee after Merger.

CA Shailesh Kumar Bhagat

CA Shailesh Kumar Bhagat (Expert)
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04 January 2011 Its depend on compnay internal decesion, If the compnay is not in the position to pay arrears , Retired employee will not get any money.

In case arrear is paid to existing employee, all the employee working in that will be eligble for payments.

Querist : Anonymous

Querist : Anonymous (Querist)

07 January 2011 As we all know that sail is one of the profit making company and has a huge reserve. So Company is definetly in position to pay the arrear amount.

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