1 Answer
Dear Client,
From the above facts, your father has some legal options available to him despite the charges of misconduct against him. A forced resignation can be invalidated in a situation where it was done under duress or pressure. The institution in question cannot arbitrarily change the method of payment of dues or refuse to pay statutory entitlements such as gratuity, encashment of leaves and outstanding salaries. The past suspensions and disciplinary history can be used by the institution in case of any challenge to the resignation or termination, but that does not necessarily mean your father will forfeit his statutory pension entitlements. In light of the admissions made by the institution of liability through instalments paid out, you should maintain evidence of payments and correspondence. Your father needs to seek the assistance of a lawyer specializing in labour or service law.
I hope this helps and if you have any further issues do not hesitate to contact us.