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Gratuity Amendment Bill 2010

(Querist) 31 December 2010 This query is : Resolved 
Sir,

I have retired from service on 15/05/2010 from SBI and since the effective date of amendment is 24th May 2010, I am not eligible for increased gratuity amount. Has any one filed case for aligning the effective date with the Central government staff? Can I also include myself as the party now? Can you please forward your response to my email address kaypeeyes@gmail.com
Khaleel Ahmed (Expert) 31 December 2010
Yes you can implead your self as a party to the suit.You are advised to seek the services of your local lawyer or the present standing counsel in the suit.
Kirti Kar Tripathi (Expert) 02 January 2011
I fail to understand, how you were retired in the mid of the month. Usually the last day of the month is date of retirement, in case his date of birth fall after 1 day of month. In case, the date of birth is 1 st day of the month, he is retired in the last day of the preceding month. So I suggest you to inquire your service rule again. I case there exist any such condition, you challenge the date of retirement and also claim gratuity. So far challenge of cut of date in the latest amendment is concerned to the best of my knowledge it has not been challenged. In my opinion it will not be fruitful to challenge the cut of date as it the discretization of the appropriate government. and every cut of date will have some adverse effects to some employees. You can not do anything. This is your fate.


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