P.ESAKKIMUTHU

LABOUR CONSULTANT This Amendments, Govt. Notification are already provided by Lawyers Forum.

Mr. N.Pradeep Kumar, Advocate, S.C. has already subscribed. 

Dear all,

I understand from some other website that some of the retired Bank Officals have already

filed a petition in Supreme Court. Any can one is aware if so pl give some enlightenment on the

current  status and grounds of petition etc.

Thanks

G.Laxminarasimhulu

Dear sir,

In reply to the demand raised by Hon. Dr. G.Sanjeeva REddy Rajya Memeber of Parliament/Rajyasabha

referred above, when the Bill was presented in Parliament/Rajyasabha for making amendment with

retrospective effect of 1.1.2006 for uniform application of retirment benefit,it is understood from the

news papers that  the Hon. Labour Minister Shri Mallikarujn Kharge has quoted the following reasons for

not giving the amendment effctive from 1.1.2006.

(a) affordability of payment by employers from back date.

(b) difficulty to ensure that the benefits reaches.

Earlier  press report before amendment was proposed, Labour Ministry has made an effort to discuss the

issue with all the stake holders, and it is not clear whether  any of the  retired employees/affected individuals assocations  views were also taken or simply private/Govrement Industries &Managements views are taken.

 Can we not find out from the Labour Ministry, by filing an application under RTI Act, to get the

minutes/ records as to which  stake holders have participated and expressed their financial inability to

once the Govt. makes retrospective amendment. Howe can we find this details. Please some one who are aware

on the above throgh light.

thanking you
 

G.Laxminarasimhulu

Dear Mr. Chakarabarti,

What  if the notification is posted again. If you have carefully gone through this website; there are so many items which are posted again and again. There are always new members to this forum who do not bother to read previous correspondence.  Such members should also stand to gain.

Best wishes

jpratap

Dear friends,

The recent gratuity amendment bill 2010 was passed and is effective from 24.5.2010 for bank, insurance and PSU employees. While the State and Central Govt employees are entitled for enhanced gratuity of Rs. 10 lacs from 1.1.06 i.e. the 6th pay commission's date. The govt has meted out a step motherly treatment to bank, insurance and PSU employees by depriving us from the enhanced gratuity amount from 1.1.06. One SBI retired officer Shri R C Badjatya, who was regional secretary of Indore region has filed a case at Indore High Court. I donot know yet what the progress of the case. I want to know if anyone knows about such cases in court?

SHARADCHANDRA DANEJ

What is latest position on Gratuity amendment bill 2010? Whether its effective date id revised to 01-01-2006

Dear Shri Virendra Singh,

As of now no further amendment  to make applicability of

enhanced ceiling on Gratuity with  retrospsective

date of1.1.2006 has come.  By the by kindly let me know

from which organization you retired/working.

G.Laxminarasimhulu

DEAR FRIENDS,     

I  RETIRED FROM S.B.I. ON 28.02.2009, BUT HAVE BEEN DEPRIVED FROM ENHENCED GRATUITY AMOUNT. PLEASE LET ME KNOW IF ANY COURT CASE IS THERE IN  ONERABLE-HIGH-COURT  OR  ONERABLE- SUPREME-COURT. THIS IS A GREAT IN JUSTICE TO THE LABOUR COMMUNITY WHO SERVED THE NATION FOR 40 YEARS OF SERVICE. WILL ANY EMPLOYEE UNION OR POLITICAL PARTIES WILL HELP FOR THIS INJUSTIC.WE REQUEST ONERABLE PRIME-MINISTER, FINANCE-MINISTER, LABOUR-MINISTER AND OVER ALL THE ALL MIGHTY GOD OUR PRESIDENT, THE SUPREME POWER TO LOOK INTO THE MATTER TO PREPONE THE EFFECTIVE DATE AS 01.01.06.
 

As member of SBI Pensioners Association and Federation there had a case earlier which goes against the beneficiary. Since 24.05.2010 there was a tremendous correspondence  with Finance Minister, President of India, Prime Minister of India as drafted  by S. Reddy MP but subsequently no reply.

However, Some retirees from Bengal,Kerala and from few Circle,  representatives filed suit to Kerala High Court on Gratuity effect - the result is yet to come, however , you keep close contact with your Circle fellows in regular  course to know the development .

PRIYA BRATA CHAKRABARTI 

Dear Shri Priya Batra,  I am happy to know that the matter has

been repeatedly projected to highest levels of Govt.   Can u pl.

share some of the imp. letters sent to them to have a better

understanding for all of us.

Thanks & regards

G.Laxminarasimhulu

These letters were handed over to help in court case , upi are too late, however you can see some of the comments, writing on this forum also.

These letters were handed over to help in court case ,you are too late, however you can see some of the comments, writing on this forum also.

To,

The Hon’ble President of India, 

President House,                                                     

New Delhi-110001.                                               

The Hon’ble Chief Justice of India   

Supreme Court of India,   

New Delhi.

 

 

The Hon’ble Prime Minister of India,                       

Central Secreteriate,                                                   

 New Delhi-110001.                                                    .

New Delhi-110001.

 

 The Hon’ble Labour Minister,

 Ministry of Labour,

New Delhi-110001                                                                          

 

 

11th JUNE.,2010.

 

Respected Madam / Sir,

PROTEST AGAINST THE DISCRIMINATORY IMPLEMENTATION OF GRATUITY ACT, 2010 w.e.f. 24TH  MAY, 2010 FOR PSU/BANKS/  INSURANCE SECTORS. (GOVERNMENT EMPLOYEES HAVE GOT THE SAME w.e.f.01-01-2006)

We are thankful to Government for amending the Gratuity Act, 2010  effective from 24thMay, 2010. The Gratuity Act amendment 2010 is for Private Sectors / Banks / Insurance and Public Sector Undertaking, whereas the Government has amended the Gratuity Act in August 2009 for Central Govt. Employees effective from 01-01-2006.

As per the Fundamental Rights mentioned in our Constitution RIGHT TO EQUALITY article 14 guarantees equality before law as well as  equal protection of the Law to all persons within the territory of India.  This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances.

As per the Fundamental Rights described in our Constitution RIGHT TO FREEDOM article 21 extend the protection that any law laying down a procedure must be just, fair and reasonable.

On going through the above articles of  Fundamental Right in our Constitution we presume that it is a great injustice with the employees of  Private Sectors / PSU / BANKS / INSURANCE SECTORS as the date of implementation of Gratuity Act is w.e.f. 24thMay,2010. The Government implemented the 6th Pay Commission in the year 2008 and amended the Gratuity Bill for Central Government Employees in August 2009 effectivefrom 1st Jan., 2006.  Another Gratuity Act amended in May 2010 for Private Sectors / PSU / BANKS / INSURANCE Sectors effective from 24th May, 2010.

It took Government more than two years, after implementation of 6th Pay Commission,  to move the Gratuity Bill before the Parliamentary Committee and then get the bill passed in the Lok Sabha and Rajya Sabha.  The bill was moved only when most of the Trade Unions met the Hon’ble Labour Minister from time to time, whereas it would have been moved in the year 2008 itself after implementation of the 6th Pay Commission..

We all know that Private Sectors / PSU / BANKS / INSURANCE Sectors are earning profits and are the back bone of the Country. Then why there is discrimination between Central Government Employees and the employees of Private/ PSU / BANKS / INSURANCE Sectors. All these sectors stand strongly during the recession in the world.

Is this not a great INJUSTICE ?   Is this not INEQUALITY as per the Fundamental Rights mentioned in our CONSITUTION ?

 We  once again request The Hon’ble President of India, The Hoin’ble Chief Justice ofIndia, The Hon’ble Prime Minister of India, The Hon’ble Labour Minister of India, to consider our genuine demand being the RIGHT OF EQUALITY as mentioned in our Constitution and amend the date of implementation of Gratuity effective from 01-01- 2006 instead of 24th May, 2010.

Thanking you in anticipation.

 Yours faithfully,

Naresh Prasad Dixit

Ex General Manager

Cement Corporation of India Limited

New Delhi (India )

Dear Dixit sir,

Being a one of the victim i can understand the frustruation and injustice caused to the retirees.

Can u please contact me on mobile no.9894804933 or mail id gln30514@yahoo.co.in

G.Laxminarasimhulu

Retired victim group 

I am retired from State Bank of India as an officer on 31.01.2007.  As per the revised notification i also been deprieved of the facility. On one of the site i have read some contents which are as under:

Enahanced gratuity to psus employees from 1.1.2006

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By gln1950

Join for the enahnced Gratuity benefit

The Govt. of India has enhanced Gratuity ceiling from Rs.3.5 Lakhs to Rs.10 Lakhs w.e.f1.1.2006 as per the recommendations of 6th pay commission. The wage revision of central psus following central DA pattern is due from 1.1.2007. It is understood that  the Department of Public Enter prises has directed these PSUs to enhance the  Gratuity limit from 1.1.2007.

In case the same is followed  the cental psu employees retired from 1.1.2006 to 31.12.2006 will not be eligible for the enahnced Gratuity and will loose a hefty amount of Rs.6.5 Lakhs which is a social security measure for the better lively hood of retired employees..Request all the psus employees who have reitred between 1.1.2006 to 31.12.2006  let us collectively reprsent to the Govt. Of India to reconsider the decision and ensure the retired employees are eovered in line with central govt. employees. Those who fall in the above group may kindly join the forum and mail their addresses, to the following email: gln30514@yahoo.co.in  

What does it mean? whether we can be able to take the matter on this lines, please provide some suggestions, please