Progress In Fight For Uniformity In Gratuity

By Sri Krishnamurti CHANDRASEKARAN

Chennai, India

GRATUITY CEILING RS.20 LAKH W.E.F 29/03/2018 - 

1 SEP 2018 — Dear Friends,
It is since 5 months we have been fighting for justice with the government to maintain parity in Gratuity Amendment date from 01/01/16. Government is still adamant in its decision.

 We have been resorting to various activities continuously like post card campaign, Tweets, posting in FB, complaints in PG Portal, RTI Application, Email & letter communications knocking the Government non stop, reiterating our genuine demand. 

Through RTI we got some important facts which we may be useful in arguing the case in the court of law in future. A group of retirees already filed a writ in Delhi HC & some more writ petions are on the way to be filed in Jabalpur, Allahabad, Kerala High Courts. 

Due to our continuous we have disproved the myths given by Unions that Retrospective Effect is not possible. Nothing in the law bars retrospective date implementation as in the Gratuity Act. The Law Ministry also opined that the Government may consider retrospective effect liberally. 

During July/Aug 18 activist members from different parts of the country met various MPs in their zone, Law Minister, Labour Minister, Parliament Affairs Minister, Erstwhile Labour Ministers etc before start of Monsoon Session of Parliament & handed over our representations. 

These efforts have really made government to revisit the issue but certain factors stopping it from any positive decision. 

One such reason may be the outcome of Supreme Court Grant of Leave to SLP in the case filed by Sri Ambookan & Rajivan in the similar issue pertains to previous Gratuity Amendment in May/2010 depriving retrospective effect from 01/01/2016. 

This case is likely to come up for hearing during Oct.18 as an Civil Case appeal. 

We also exerted pressure to the Bank Retirees Associations to take up the issue with DFS, MOF, IBA. They have started acting belatedly. 

Another development in the form of DLC Hyderabad, RLC of Ranchi & Silchar defining the component of Pay & formula for services above 30 years in the cases filed by staff of various Gramina Bank in these places, in favour of employees. 

Though this is not related to Gratuity Act, yet it has an impact in service gratuity on better terms. We keep pursuing the issue in all the possible ways to achieve the positive results. 

At this juncture what I need is to spread the mission to all nooks & corner of the country to make everyone sign the petition rigorously to reach  the level of atleast 2 lacs. This will really exert pressure on the government as the elections are round the corner insoome states & central early next year.

 Everyone need to make at least 5 persons to sign the petition from 1.O2 Lacs to MISSION 2 Lacs.Everyone need to fight till the end.

THE STRENGTH ALONE IS CAPABLE  OF ACHIEVING DESIRED RESULT. PLEASE MARCH ON TO GATHER MOMENTUM TO REACH 2 LACS. WITH GREETINGS. 

Reputed and senior advocate Sri B Anuja expresses his following remarks 

The Cabinet while giving approval to introduction of Payment of Gratuity (Amendment) Bill, 2017 has clearly stated that the increase in quantum of gratuity ceiling is considered due to inflation. So the effective date should also be the same for ordinary workmen, as inflation is equally applicable to them. Quantum of inflation cannot be different for both Government employees and other workmen

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