ALL RETIRED PERSON SHOULD RAISE THEIR VOICE THROUGH "TWITTER", "FACE BOOK" AND OTHER MEDIAS AGAINST THE DISCRIMINATION ON GRATUITY PAYMENT BY THE FINANCE MINISTRY. FINANCE DEPARTMENT HAS PASSED AN ORDER W.E.F. 01.01.06 TO PROVIDE THE BENEFIT TO THEIR OWN EMPLOYEES THOSE WHO ARE NOT RELATED TO ANY PROFIT MAKING INSTITUTION OTHER THAN TO WIN THEIR MIND PRIOR TO ELECTION BUT FOR OTHER EMPLOYEES OF PSU/PVT.SECTOR IT IS 24.05.2010 ON THE PLEA THAT TO REDUCE THE EXPENDITURE OF THE GOVT. PROFIT  MAKING ORGANISATIONS ARE NOT INCLUDED WITH THE CHANGE WITHOUT HAVING ANY RATIONALITY

YOU SHOULD TAKE INITIATIVE SO THAT ALL M.P.s in PARLIAMENT AND RAJYASABHA MAY RAISE THE QUESTION " WHY THIS DISCRIMINATION ON THE QUESTION OF GRATUITY PAYMENT FOR EFFECTING THE DATE.  I HAVE WRITTEN IN TWITTER AND FACE BOOK ON DIFFERENT OCCASION  BUT I LIKE ,YOU SHOULD ALSO PROTEST IN WRITING AS NEXT PARLIAMENTARY SEASON WILL START  VERY SHORTLY. PRIYA BRATA CHAKRABARTI - RETIRED OFFICIAL OF SBI AND SBI PENSIONERS ASSOCIATION(BENGAL CIRCLE)  

LODGE YOUR PROTEST AGAINST DISCRIMINATORY IMPLEMENTATION OF GRATUITY ACT-2010

DC AHUJA [dcahuja@gmail.com ] has sent the following draft of a letter which can be used for lodging the protest against the discriminatory implementation of Gratuity Act 2010.

All those bankers who have been affected by non implementation of the Act from back date, should send the letter on the following lines to all the authorities separately.  These bankers should also contact the union leaders and ask them to send the letters on their letter pads to these authorities.  The central union leadership should also follow up with the government as this has been a major loss to a large number of bankers who have recently retired.

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                                                                          

11^th JUNE.,2010.

Respected Madam / Sir,

PROTEST AGAINST THE DISCRIMINATORY IMPLEMENTATION OF GRATUITY ACT, 2010 w.e.f. 24^TH  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 24^thMay, 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. 24^thMay,2010. The Government implemented the 6^th Pay Commission in the year 2008 and amended the Gratuity Bill for Central Government Employees in August 2009 effectivefrom 1^st Jan., 2006.  Another Gratuity Act amended in May 2010 for Private Sectors / PSU / BANKS / INSURANCE Sectors effective from 24^th May, 2010.

It took Government more than two years, after implementation of 6^th 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 6^th 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 24^th May, 2010.

Thanking you in anticipation.

 Yours faithfully,

(                            )                                                        

Retired from :…………………..

Date of Retirement :……………

CC: To the Secretary General, Committee on Petitions, Rajya Sabha, New Delhi-110001,

           with a request to redress our genuine demand under article 350 of the Constitution

           of India.

APPEAL BY Dr. G. Sanjeeva Reddy, MP, FOR EXTENDING THE BENEFITS OF ENHANCED GRATUITY TO THOSE WHO RETIRED BETWEEN 2006 AND 2010

The Indian Worker

            Founder                                               Managing Editor                                          Editor

HARIHARNATH SHASTRI               Dr.G.SANJEEVA REDDY, MP                           P.J.RAJU

 June, 01-15,2010

 Dr. G. Sanjeeva Reddy in his speech in Parliament urged the government to implement the amended Gratuity Act with retrospective effect

 Sir, the Minister has proposed some amendments to the Gratuity Act. We welcome them and support this Bill.  But we have some suggestions to make. The sixth Central Pay commission has recommended gratuity of ten lakhs rupees to the Central Government employees with retrospective effect.  The same provision is adopted here in the Gratuity Act also but it is not being done with retrospective effect. This means workers who have retired during the period from 2006 to 2010 are denied the benefit. All the recommendations of the Sixth Central Pay Commission have been implemented and gratuity has been paid to employees with retrospective effect whereas in this case, if the private employers are going to give these benefits in this manner, who is going to benefit? It is not going to be taxed on public sectorcompanies. It is for the benefit of the private sector employees. If implemented with retrospective effect, this would benefit people who retired from 2006 onwards otherwise the employees who retired before this Bill would get only Rs. 3,50,000.

Sir, the Bill says that it shall come into force on such date as the central government notify in the Gazette. So, it is really depriving workers of their genuine right. I can submit to the hon. Minister to please reconsider this. After passing the Gratuity Bill in 1972 the amount of gratuity of Rupees three lakhs and fifty thousand was fixed by amendment in 1997.  

You have not changed the quantum. Every worker is entitled to have gratuity at the rate of 15 days wages only for every completed year of service. For quite a long time, this 15-days entitlement is there. We thought that the Government is considering favourably increasing this 15-days wages to 30 days. It has been the demand of all the trade unions. Since the cost of living is very high and the prices are soaring high, the quantum of 15 days wages should be increased to 30 days. But that has not been done. Only the big entrepreneurs are going to get the benefit, not the working class. You are denying this right to employees who are working in the private sector. It is the grave injustice to these employees. I am sure that the Hon. Labour Minister can understand the feeling of the working class. Poor workers should not be denied their right. Another point is that, Sir, gratuity is given in lieu of service rendered to the industry. For thirty or forty years workers render service to the industry and thatindustry has to pay gratuity to workers because workers are not entitled to pension at this moment. A large number of workers do not get any pension. They get only gratuity benefit on retirement. Today neither you are increasing the quantum of gratuity entitlement nor implementing it with retrospective effect. It is really a grave injustice to workers. I can only request that our Government should reconsider this matter. Therefore, I request the hon. Minister to consider it with retrospective effect. If it is not passed with retrospective effect, it will be an injustice to the working class. I once again appeal to the Government to please reconsider it otherwise working class may start agitation saying that you are discriminating between the Government employees and private sector employees and you are bringing this Act without retrospective effect only to benefit the private employers. It is not good for the prestige of the Government. Therefore, I appeal to the hon. Minister to reconsider this. There are no financial consequences on the Government and there is no excess burden on the Government. There is burden only on the private sector. Therefore, I earnestly request the hon. Minister to please reconsider this small thing. This is a social security benefit that you have to give. Nothing else can compensate the workers for their long service to the industry.

Publish by

Subhash S.Sawant

General Secretary

Indian National Bank Employees Federation

PENSION BENEFIT & GRATUITY BENEFIT

MR. N.P.KUMAR, ADVOCATE, SUPREME COURT HAS ELABORATELY DISCUSSED ON THE MERITS OF THE CASE THROUGH SITING OF MANY EXAMPLES AND ACCORDING TO HIS OPINION, THE DEMAND IS JUST DEMAND, SO EVERY ORGANISATION MAY THINK OVER IT. HOWEVER, I CAN NOT PRODUCE IT TO YOU AS HIS LETTER WAS DOWNLOADED AND CAN NOT BE PASTED TO THIS FOLDER BUT HIS E-MAIL ADDRESS AND MOBILE NUMBER AS GIVEN TO ME IS ALREADY STORED IN THE SYSTEM AND MAY BE DELIVERED ON REQUEST. PRIYA BRATA CHAKRABARTI - RETIRED OFFICIAL OF SBI AND SBI PENSIONERS ASSOCIATION(BENGAL CIRCLE)  

dear chakrawary ,pl send /circulate supremecourt lawyer opinion in this regardang find out possibility to file case in supreme court.affected persons will contribute .open an a/c in bank for legal case purpose.also create a forum of affected persons to fight  against central govt.awating your responseon email.sudhirtelangsbi@gmail.com/since iam presently in u.sa.hence unable to organised people inthis regard except sending email etc.l

Dear Friend, after returning to India, I will let you know all the matter, please have your nice journey and back. Already I have requested to all the eligible candidate to write in face book, twitter and in other medias as the parliamentary session will start soon. In every forum we have requested to all and  to write something to their M.P.s to start discussion in Parliament. -  P.B.Chakrabarti Retd. SBI Official and Member of SBI Pensioners Association(Bengal Circle).

. N. PRADEEP KUMAR

ADVOCATE

Supreme Court of India

Cell Phone Nos. :  (1)  9310572530

(2)  9278983944

E-Mail : adv.pradeepkr@yahoo.com

PRIYA BRATA CHAKRABARTI RETIRED STATE  BANKS PENSIONER AND ACTIVIST OF S.B.I.PENSIONERS ASSOCIATION 

UFBEU to continue demand to update bank employees pension

PTI | 07:09 PM,Sep 19,2010

Vadodara, Sep 19 (PTI) General Secretary of the National Confederation of Banks Employees (NCBE), S A Kadri today said United Forum of Bank Employees Unions (UFBEU) will continue to pursue its demand to update pension of the retired bank employees. NCBE, consisting nine unions representing more than 10 lakh bank employees, was one of the constituent of the UFBEU which was signatory to the ninth bipartite settlement between IBA (Indian Banks Association) and UFBU. Kadri was here to attend the triennial conference of State Bank of India Employees Union affiliated to NCBE. "The 17.5 per cent hike in salary of bank employees after signing of nine wage revision settlement between UFBU and The Indian Banks Association (IBA) a couple months ago, has disappointed thousands of retired bank employees as it has not benefited them as the Central Government has been adopting double standards on this issue," he told PTI. "If the retired employees of Central Government can get the benefit of new pay structure after revision of wage structure of its employees, then why were the retired employees of government-owned banks denied such benefits?" Kadri asked. The pension scheme of the bank is entirely funded by the bank and unlike the pension scheme of government employees, it is not a burden on the exchequer, he said. PTI COR

SOURCE FROM PTI

dear ,chakraworty,iam greatful for response.you aretaking painlot,being officebearer of pensioner association,though you mght be pursuading sbi pensioner association to file casein supremecourt,pl inform latest development,further aiboc sec mr nadaf represented to govt and management butnot accepted demand.they will not do more,however one day he will also retire,why not agitational programmeof affected members from all organisations should be started through a forumof affected members fornonpayment of gratiuty atpar with central govtemployees w.e.f1/1/2006.pl takelead.we allarewithyou.i was also officebearerinsbiofficers asociation in bhopal circle,retired in may2010 as dymanager,pl keep informedus byemailalso you and affected members willcontribute funds.afterall question of getting 6.5lacs is there if onehas to contribute5000/10000,nomatter iam prepared to contribute for ths legitimate,genuineissueto fight,awaiting reply

"SBI Retiree Forum " has been formed in fourteen Circle, all circle are collecting lst phase i.,e, in Bengal it is only Rs. 1100/-(lst time) per beneficiary for writ petition. You please contact with your Circle, One petition has been moved to Honb'le Supreme Court . Pensioners Federation will not appeal on Gratuity in S.C. as there was a similar case was filed after 5th Pay Commission on enhancement of gratuity of Rs. 3.50 lakhs w.e.f. 24.09.1997-(For Govt. employees w.e.f. 01.01.1996 & Rs. 2.50 lakhs w.e.f. 01.04.95).   Judgement on writ petition (civil) 162 of 1999 - judgement on writ petition(C) No. 138 of 2001 ( filed by  Shitla Sharan Srivastava & others. vs. Govt. of India - Srivastava is of SBI & Association) "Judegment" = "Office memorandum dated 27.10.1997 relied upon by the Petitioners categorically provides that those orders apply to Central Govt employees governed by CCS (Pension) rules, 1972. Further, the 5th Pay Commission recommendations are applicable to Central Govt. employees only and are not made applicable to the employees of the respondent Bank. Thus looking to the various aspect, we conclude that these petition are devoid of merit, hence they are dismissed. No order as to cost."

{Retiree Forum is only for one perspective issue and there after it will be of no Use.}

SBI Pensioners' Federation will Submit writ petition on Pensioners grievances , i.e. Pension Up-dation like Cent. Govt.,...... , 50% Minimum Pension without ceiling,.... ,  100% D.A. neutralisation on basic pension ..... , Anomelis on 7th Bipartite-8th Bipartite retirees Pension as also from 1986...... , Autonomy for autonomous body not on the mercy of  Finance Department and so on. You pl. contact with your Zonal or Circle Pension Association to become a part and parcel of the  Association and contribute in both the side.

Till today pensioners have not achieved any benefit  smoothly. 

Go on publicity where M.Ps can rise 300% benefit but workforce can not and Ministers have the conscience on it , but others should be deprived off by the Govt. as they are the "Superman "  .

Thanks. 

for gazettee notification for enhancement of gratuity amount from 3.5 to 10 lacs which came into force w.e.f.24.5.10 see the attached link

https://3.bp.blogspot.com/_XirOnhsDvWw/TB-gp1_KwsI/AAAAAAAAAQo/w9Y0I9qreIE/s1600/gratuity+act+ceiling+raised+to+Rs.10+lacs1.gif

for gazettee notification for enhancement of gratuity amount from 3.5 to 10 lacs which came into force w.e.f.24.5.10 see the attached link

https://3.bp.blogspot.com/_XirOnhsDvWw/TB-gp1_KwsI/AAAAAAAAAQo/w9Y0I9qreIE/s1600/gratuity+act+ceiling+raised+to+Rs.10+lacs1.gif

Dear All,

The Government of India, in August'2008 has  accepted  the recommendations of 6th Pay commission as per which the maximu Gratuity pyable was enhanced from Rs.3.5 Lakhs to Rs.10 Lakhs, and the difference of payment amounting to an extent of RS.6.5 Lakhs would have been paid to all eligible central Government  employees retired from 1.1.2006 onwards as the same is made applicable from retrospective effect.

Similarly, the benefit of 6th CPC benefit was also made applicable to 69 central PSUs on CDA  pattern w.e.f.1.1.2006 said to be as per the Judgement of Hon.Supreme Court in 1990, as per the guidelines issued by Department of Public Enter Prises under the Ministry of Heavy Industries. As per the another set of guidelinesissued by DPE,  the  benefit of enhanced Gratuity  to other central PSUs (l DA) made applicable  from wage revision due date  of 1.1.2007 aftre getting the Presidentail Directives issued through respective Administrative Ministeries.

It  is clerly evident from the following events that happened even in the past,   the Central Government Officials sitting at the policy making level ensure that  the benefits of  central Governement Employees are given  with retrospective effect and deprive the same to other organisations within the Central Governement by not giving the same effective date in the name financial constraints etc.

1.Based on the interim recommendations of 5th CPC the ceiling on Gratuity was raised to Rs.2.5 Lakhs for central Government Employees w.e.f 1.4.2005 vide DCRG: Rs. 1 lac w.e.f. 1.1.1986 to  Rs. 2 .5 lacs w.e.f. 1.4.1995 and Rs. 3.5 lacs with effect from 1.1.96, while the maximum amount under Gratuity Act 1972 continued Rs.1 Lakh till amendment NO.11 OF 1998  [22nd June, 1998.] which is made applicable w.e. f. 24.9.1997.

Thus, all those retirees for whom payment of Gratuity Act-1972 was applicable have lost the benefit of Gratuity to an extent of Rs.1.5 Lakhs (retired 1.4.1995 to 31.12.1995 & those retired from 1.1.1996 to 23.9.1997 RS.2.5 Lakhs). and this time it is a further bigger amount to an extent of Rs.6.5 Lakhs.

Another peculiarity is that no IT was applicable for central Governement retirees on Rs.10 Lakhs, IT deduction was applicable for the retirees over and above Rs.3.5 Lakhs (an amount of Rs.1.95 Lakhs approx. was dedcuted towards IT balance of 6.5 Lakhs was dedcuted from all the retirees other than central Government   at the time of making payment of difference of  enhanced Gratuity  consequent to the above, till  the date amendment of Gratuity Act'1972 in May'2010/ change in Income Tax rules.

The above clearly indicates the differential attitutde towards retirees other than cental Government Employees who claim themselves that their contribution has led to the  turnaround of Indian economy, blindly ignoring the real contributors like industrial sectors, financial sectors etc. who are the real back screen players.

In fact the 5th Central Pay Commission, considering  the demands received from several sections of employees has recommended that there should not be any ceiling on retirement bnefits like Gratuity.  However, GOI , while accepting the recommendations has still has put Rs.3.5 ceiling.

It is a very sad state of affairs and  the discrimination needs to be rectified at the earliest before causing suffering lakhs of retirees who have no voice to raise themselves except expressisng anguish in forums like this.

one of the retiree victim.

Hello dear friends,

Here is the notification about enhancement of gratuity ceiling.

PL.SEE THE FOLLOWING LINK FOR NOTIFICATION  ON AMENDMENT ENHANCING LIMIT TO 10 LACS AND ITS EFFECTIVE DATE

https://3.bp.blogspot.com/_XirOnhsDvWw/TB-gp1_KwsI/AAAAAAAAAQo/w9Y0I9qreIE/s1600/gratuity+act+ceiling+raised+to+Rs.10+lacs1.gif

https://4.bp.blogspot.com/_XirOnhsDvWw/TB-gq0W3QbI/AAAAAAAAAQw/67GrfWyLziQ/s1600/gratuity+act+ceiling+effective+date.gif