07 th September, 2011.
To,
The Hon’ble President of
President House,
New Delhi-110001.
The Hon’ble Chief Justice of
Supreme Court of
The Hon’ble Prime Minister of
Central Secretariat,
New Delhi-110001.
The Hon’ble Labour Minister,
Ministry of Labour,
New Delhi-110001
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 Indian Constitution RIGHT TO QUALITY article 14 guarantees equality before law as well as equal protection of the Law to all persons within the
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 effective from 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 thousand of Crores 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 of India, 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,
W. Krishna Murthy
President,
APFDC Ltd., Employees
A.C. Guards,
