Dear Sir,
I furnish hereunder some views about this gratuity issue, for your
information.
SBI Pensioners Association(Bengal Circle) Kolkata Zonal Committee
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 [
dca...@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
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 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. 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 effectivefrom 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 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 24th 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
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
-----------------------------------------------------------------------
Hundreds and thousands of representations were already mailed and the
matter is under active consideration.
With regards
S.M.BASHA
> Dear Friends,
> The reason for not demanding enhanced gratuity from 01/01/2006 is very strange.If that is the case, why you people are demanding 100% nutralisation,5years addition for pension and updation of pension,medical aid for all pensioners of banks etc.If banks are not in a position to pay Why demand and write on this blog.?I did not understand this dichotamy.I request some learned members explain and enlighten me.
> Thanks a billion billion
> Venkatrao.H
> SBM Mysore
> --- On Sat, 24/9/11, Prasad C N <
cn_prasa...@yahoo.com> wrote:
>
> From: Prasad C N <
cn_prasa...@yahoo.com>
> Subject: bankpensioner Re: Gratuity discrimination.
> To: "pattabhi sastry" <
iprsas...@gmail.com>
> Cc: "
bankpe...@googlegroups.com" <
bankpe...@googlegroups.com>
> Date: Saturday, 24 September, 2011, 5:13 PM
>
> Dear Mr.Sastry,
> I have already made known my views in this matter earlier. In fact, I had discussion with some of the Senior Trade Union leaders regarding this issue of payment of Gratuity from 1.1.2006 instead of 24.5.2010.
> It is their opinion (not that of mine) that they look at less privileged salaried employees than those who are better off.
> The increased amount is applicable to only those who are getting higher amount of salary.
> Then to my question, how payment from an anterior date would effect such class of employees, they informed me that there are lakhs of employers in the country and if an anterior date becomes the effective date, many of such employers do not have capacity to pay and if they are forced to pay, then employment of crores of people may get effected. They say that there is no bar for the affordable employers to Pay Gratuity with revised higher limit and they may even bear the IT cost on additional amount of Gratuity.
> They say that the Government as an employer has
> revised payment of Gratuity. Then why not banks also pay from 1.1.2006 ?
> Unions/Associations are not much interested as these employees are already retired and the present employees are covered under revised ceiling. Therefore, interest of their membership is protected.
> For retirees' Organisations, other demands, like 100% nutralisation, Updation, improvement in Medical benefit schemes, etc are more important ans these issues encompasses even those who are retired between 1.1.2006 to 23.5.2010. Just do the survey among fellow members of this group with a question which one is important ?
> Is it Gratuity from 1.1.2006 or 100% nutralisation ?
> You have the answer. Thanks, a Million.
>
> With regards,
> Prasad C N