Gratuity Amendment Bill 2010

dear sharad , i and my friends are great full for taing up matter for injustic done by central govt with private/public sector,banks employees for denying benifit of enhenced gratiuty payment from 1/1/2006 as given to central govt employees.i suggest you to evolve a formate for protest to be sent by affected peoplle to rajyasabha by email/letter.pl send me your representation so i and my affected friends in banking industry can send.email me -sudhirtelangadvocate@gmail.com.further legal remedies to be discssed and filed in court of law jointly and individually.

Now-a-days Engineers and MBAs change the company frequently to get better and better job opportunity and better and better annual package. Attrition rate in most of the private companies is 20% and more. It means every one of five recruited by a company  leaves the job of that  company in one year to join some other company , either due to better offer or due to uncomfortable work in the existing company or the company removes him due to poor performances.

But in all such cases companies save payment under Gratuity Act because minimum service for payment of gratuity to an employee is five years. In all such cases employees are losers and the employers are gainers. As a matter of the fact there are less than 50 out of 100 employees recruited in a particular company are more than five years old.  Advocate should file a PIL or any other case in any court of law  to give relief to such job changers.

Gratuity Act is very old and it needs amendment in the present change scenario. Since the private sector employees are not well organized and particularly job changers have no support of any union or political party this anomaly of the law could not come to light. Since the public sector employees are organized and there are very few cases of leaving of job by an employee in less than five years span of time. As such employers in public sector do not get such gain and the loss to employees in government sector is almost insignificant.

I however request highest officer President of India to look into the matter and guide HRD Minister or Finance Minister or the Law Minister to bring out necessary changes in the Gratuity Act to ensure that gratuity is paid to an employee even if he has served for a month or else it should be made transferable like Provident fund. It is worthwhile to mention here that such job changers face a lot of difficulty in taking back even accumulated contribution towards PF account from many newly developed companies and lastly they discard it. Obviously new brand companies are depriving genuine right of employees and there are hardly a  few people who seek remedy from Indian courts because legal remedy is more costly and time consuming than the amount involved in such sacrifices. However it is also true that Job seekers who are to make their career excellent do not have time and also  cannot afford legal action.

Danendra Jain, Ganaraj choumuhani , Agartala-799001

24.05.2010

We the retirees of Central Govt. PSU's have come in for a rude shock. Since we operate under DPE guidelines which clearly mentioned in their office Memorandum dated 26.11.2008 that the effective date of enhanced gratuity would be 01.01.2007 for PSU's, it has done a turn around and great injustice has been meeted out to us making the effective date as 24.05.2010. With the result, people retiring from 01.01.2006 to 24.05.2010 have become sufferers as they are losing out on a huge sum of Rs.6.5 lakhs which otherwise they would have got as arrears. However, the effective date of enhanced gratuity for other Central Govt. employees is 01.01.2006. Isnt this injustice? We are the people who have voted them to power and this is a direct slap on our faces coz they have come out with a aam aadmi agenda which is just an eye wash. With spiralling prices and no one to hear us, we wish an appropriate authority could push our protest forward and help us in getting this date effective from 01.01.2006 as we should be treated as equals and in par with other Central Govt. employees. 

Dear all

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. Why again give to only central PSUs from 1.1.07? why not give it to all employees irrespective of sector from 1.1.2006. Let it apply uniformly to all employees govt or non govt, private or public.

We need to fight it collectively. I request all the pensioners associations/unions to do their best. Let every affected pensioner give Rs. 500/- to fight for our rightful and lawful dues.

S C DANEJ

Dear Sir,

I, Harpal Singh Sethi, retired from SBI in April 2009. I would like to be one of the members for the suits/petition to be filed against the injustice done to banking sector employees and depriving the benefits of gratuity enhancement of  Rs.10 lacs. Pl oblige and apprise me of the steps to be taken.

Regards,

H.S.SETHI

Payment of Gratuity Amendment 2010: This amendment is made effective from 24-05-2010. Last amendment was made effective from restropective date. Why it is not done this time? The amendment is based on 6th pay commission recommendation which recommended gratuity exemption enhancement fronm 01-01-2006. Therefore this amendment should be effective from 01-01-2006. By not doing this, persons retired between 01-01-2006 to 23-05-2010 are effected and deprived ofthe enhanced gratuity of 10 lacs inplace of 3.5 lac. This is against law of indiscrimination.  All together should represent to concerned authority.

Virendra Sanghvi

Mr. S.C. Danej

I tried to send my representation on  rslib@sansad.nic.in. but it has bounced back. Pl give another or correct  email address to write again

Virendra K Sanghvi

Dear retirees of CPSES,

We a group of CPSE retirees met one of the Rajyasabha Memeber , and the matter is also represented

to Memember of Parlament to make the Gratuity applicability from 1.1.2006 at par with central Govt.

retirees.

A petition before Rajyasabha Commitee on petition is being filed.  All of them have promised to

extend co-operation and the matter will be taken up if it is going to help a large no. of retirees.

Kindly contact for further details. gln30514@yahoo.co.in or mobile no.9849804933

Garlapati for any further clarification. Also  send all your details to furnish along with our petition

to Rajyasabha Committee to show our strength and convince the MPs/Rajyasabha Memebers.

to help us.  

garlapati

I eagerly look forward to receiving the arrears of Rs.6.5 lacs minus 30% tax in gratuity as I retired from a govt. PSU namely Mazagon Dock Ltd. Mumbai on 31.12.2008 under the Ministry of Defence. Some blogs clearly indicate that some of the PSU's have already started paying their retirees the arrears of enhanced gratuity w.e.f. 01.01.2007.