Not getting last pay point certificate from previous psu

You can consult an attorney and issue a legal notice to the company demanding the certificate pending at their end after which you can escalate the matter through legal forum.

Pleae elaborate. more facts.

Please find the recent appeal attached which is self explanatory. Repetead nos, of such appeal forwarded to CMD, Other Authority and Board of Directors repeteadly and nos. of time. But they never give any reply or response.

Kindly suggest what to do ?

Please guide, help & cooperate

Dated: 22-02-2024

To,

Shri Yatish Kumar

Chairman & Managing Director (Additional Charge)

Braithwaite and Company Ltd.

A Govt. of India Undertaking

5, Hide Road, /Kolkata-700 043.

Sub :    An appeal for Benefit of 1997 and 2007 pay scale revisions, ‘Last Pay Point Certificate’ (LPPC) & Differential Pay of Gratuity  as on 31.08.2007 arising out of the pay scale revision of 1997 scale and 2007 scale at Braithwaite & Co. Limited with retrospective effect.

Ref :   All Official Communications since release from BCL time to time and recent past communications as :

            i) Official Communication vide letter ref DGM(HR)/BKD/2015 dated 02-07-2015 for transfer of balance gratuity amount as a part of statutory compliance

            ii)Meeting with CMD,BCL  Shri Yatish Kumar-IRSME in presence of Shri Milan Kumar Chakraborty - ED (Corporate) on LPPC  dated              18-02-2019 at Office of the CMD 5, Hide Road, Kolkata – 700043 consequently submission of  kind appeal.

            iii) Nos. of reminder appeal for LPPC dated 26-02-2019,19-02-2020,12-10-2022

            iv) Digitally approached dated 28-12-2022 towards all the Board Members of Braithwaite and Company Limited covering i.e. CMD, D(F), D(PM) , Government Directors , Independent Directors to put forward my long pending kind appeal.

             v) Verbally received the assurance from CMD - BCL to get my LPPC as on 31-08-2007 once principally agreed & accepted upon of my appeal

            vi) Official Communication vide letter ref Nil dated 28-01-2024 to ED (HR ,Admin & Security) with a appeal to release benefit, LPC and Differential gratuity pay arising out of pay scale revision.

Dear Sir,

            In reference to the above I would like to inform you the following facts:-

(a)        That myself was an employee of your company being Braithwaite and Company Ltd. since long back and after serving for a considerable long period over 10 years I  was released on 31.08.2007 from the said company namely Braithwaite and Company Ltd. (hereinafter referred to as B.C.L. ) for joining the present company, i.e. Bridge and Roof Co. Ltd. ( B AND R),  under the Ministry of Heavy Industries and Public Enterprises , Govt. of India (GOI) after obtaining the NO OBJECTION clearance from your concern as per DPE (Department of Public Enterprise) norms of Government of India (GOI).

 (b)       That myself resigned from your company by virtue of a letter dated 09.07.2007 and in acceptance of the said letter a release letter bearing reference No.- CP/BKD (E-826)/2007 dated 27.08.2007 was being issued.

(c)        That consequently thereupon myself joined the present company in E4 grade on and from 01.09.2007 with initial point of scale of ₹ 14,500-350-17,500 even though I was placed with four number of increments in E4 grade in your concern in pre-revised scale.

            It would be worthy to mention here that such switching over from your company to the present central PSU (B AND R ) is a continuous one as regards the length of service of myself under the governing rules and regulations  FR-22 [ Fundamental Rules of Ministry of PPG&P,GOI ]  and as such as a matter of right myself is entitled to have the benefit of this continuous service in the entire service career whenever the same is extended to the similarly situated employees governed by the Government of India.

(d)        That subsequent to the switching over of service from B.C.L. to the B AND R  , B.C.L. had implemented the 1997 and 2007 pay scale with effect from 01.01.2009 and 01.04.2011 respectively with retrospective effect and notional increment considering the basic pay as was available on 01.01.1997 and 01.01.2007 respectively in terms of the respective office memorandum of GOI. Later on against RTI reply, you had also forwarded written documents to me that you had strictly followed the office memorandum without any alteration or deviation and also provided fitment method and derived revised basic pay with retrospective effect.

(e)        That in terms of and in consequence of such implementation of 1997 and 2007 pay scale, myself is entitled to have the benefit of such pay scale and also is entitled to get the differential gratuity amount with penal interest according to the statutory compulsion and is also entitled to get the ‘Last Pay Point Certificate’ to submit before the present company          ( B AND R ) for fitment benefit.

(f)         That it would be worthy to mention here that myself  had repeatedly requested to the B.C.L. authority to extend the benefit of implementation of the Scheme of pay scale and even made several representations thereby demanding issuance of LPPC and calculation as well as disbursement of differential gratuity amount in terms of implementation of such pay scale revision of 1997 and 2007 scale as on 31.08.2007, but the same was purportedly denied by BCL even after producing the documentary evidence of LPPC of other PSUs on pay protection and also the judgment of payment of differential gratuity by honorary high court in similar situations.  As a result of such non-cooperation from BCL, myself is being adversely effected and facing financial crisis and/or stringency. Due to lack of such LPPC , myself yet not got the fitment and subsequently the  fitment benefit and hence I am losing more than  ₹50,000/- (Fifty thousand) ) per month in my salary and whose cumulative impact on my retirement on     31-12-2027 would be 1(One) Crores (approx).

(g) In this context please be informed that Mr. P. P. Bose - D(F) of BCL  joined at as D(F) of B AND R and BCL provided him the LPPC and differential arrear pay & gratuity pay arising out of pay scale revision and he got all the fitment benefit from B AND R. He also confirmed that BCL has cleared all the arrear dues arising of such pay scale revisions among all it’s regular employees. The same fact has been verified from nos. of employees of BCL

(h) Generally all reputed CPSE or Govt. Bodies used to provide such LPPC including my present organization as a token of reputation and I still believe that M/s Braithwaite should extend the same courtesy being a Mini Ratna Category-1 company.

In view of the above facts & circumstances I would like to request you please be kind enough to provide the followings due to arising out of the pay scale revision of 1997 scale and 2007 scale at BCL with retrospective effect within a period of fortnight from the date of receipt of this kind appeal. 

i)          Benefit of 1997 and 2007 pay scale revision

ii)        LPPC as on 31.08.2007

iii)      Differential Pay of Gratuity        

Hope you would do the needful at the earliest.

Thanking you,

                                                                                                Yours faithfully,

                                                                                                  Barun Kanti Das

                                                                                           General Manager (IT)

                                                                                     Bridge & Roof CO.(I) Ltd

Copy to :

            Shri P. K. Mishra

          ED (HR, Admin, Security)

         Braithwaite and Company Ltd.

         5, Hide Road,

         Kolkata-700 043.

Shri Kalyan Kumar Coari

Director of Finance

Braithwaite and Company Ltd.

5, Hide Road,

Kolkata-700 043.