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Gratuity hike effective from 24.05.2010 : Gazette Notification

By: Amit , Place: New Delhi,  Update:31 May 2010

The Government of India  has issued a Gazette Notification amending the ceiling on the Payment of Gratuity from Rs.3.5 lacs to Rs.10 lacs on 24.05.2010.

As per Govt of India’s notification the effective date of The Payment of Gratuity (Amendment) Act, 2010 is 24.05.2010. It is mentioned in the Gazatte  notification issued by Ministry of Labour & Employment in the Gazette of India extraordinary Part-II, Sction-3,Subsection(ii), S.O.121(E) –“In exercise of the powers conferred by sub-section(2) of section 1 of the Payment of Gratuity(Amendment) Act, 2010(15 of 2010) , the central Government hereby appoints the 24th day of May,2010, as the date which the said Act shall come into force”.
 
The bill was passed on 17.05.2010 by Parliament as :
Short title and commencement.
 1.(1) This Act may be called the Payment of Gratuity (Amendment) Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Amendment of section 4 of Act 39 of 1972.
 
 2. In section 4 of the Payment of Gratuity Act, 1972, in sub-section (3), for the words “three lakhs and fifty thousand rupees”, the words “ten lakh rupees” shall be substituted.

Now the central govt notified the effective date 24.05.2010.
 
As sources said that it is  normal procedure that when a retrospective date of effect not mentioned in the notification this is treated as the date which the said Act shall come into force.
 
Earlier on this issue the Bank Officers representative organization AIBOC issued a detailed circular on 22.05.2010 in which they told that the Parliament did not take any decision as regards the date of effect leaving it to the Government to come out at the time of the gazette notification.
 
Now Government of India has issued Gazette notification and in this way announced the effective date 24.05.2010.
 
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5 Recent Comments
y manickam    06 July 2013
Well looks like a damp squib,GOD help the unlucky pensioners
 
v chandraiah    29 May 2013
latest 28 jun 2013 gratuity judgement any other matter
 
manickam    10 April 2013
Well, it is gathered that the case will come for likely disposal on 03/05/2013
 
v chandraiah    10 February 2013
please give latest matter
 
v chandraiah    11 January 2012
kindly give matter kerala high court judgement 11 jan 2012
 
 
85 More Comments
 
  y manickam : 06 July 2013 :
Well looks like a damp squib,GOD help the unlucky pensioners
  v chandraiah : 29 May 2013 :
latest 28 jun 2013 gratuity judgement any other matter
  manickam : 10 April 2013 :
Well, it is gathered that the case will come for likely disposal on 03/05/2013
  v chandraiah : 10 February 2013 :
please give latest matter
  v chandraiah : 11 January 2012 :
kindly give matter kerala high court judgement 11 jan 2012
  v chandraiah : 27 November 2011 :
latest judgement kerala high court gratuity act jan 2006 please give full details
  Jaspal Rai : 13 November 2011 :
Nothing explains delay, denial and discrimination for non payment of enhanced gratuity to public/private sector retirees with retrospective effect except corruption. I have written thrice to the Union Labour Ministry but it cleverly avoided to reply following questions in this regard 1. What is the basis of enactment of gratuity act as a central act in 1972? Why was it made a central act uniformally applicable to all categories of eligible employees? 2. Why is it being revised as and when gratuity is revised for central government employees? 3.If the purpose was to maintain uniformity among all categories of employees in the matter of gratuity why was it ignored now? 4.When payment of gratuity is the liability of the employer what do the Union govt want to ensure with such amendments? 5.If the purpose of such amendments is to ensure minimum gratuity, why has it not been done now? 6. Union Labour Ministry is quoting that an employee has the right to get a better deal under any agreement with the employer under section 4(5) of the Gratuity Act.Who fool will offer better deal when the amendment failed even the minimum? 7. The amendment and its implementation has been approved with closed eyes and without application of mind. 8. So it needs thorough probe. 9. A class of people has been discriminated and treated differently in their own country.
  Jaspal Rai : 08 November 2011 :
The implementation of Gratuity Amendment Act 2010 wef 24.05.10 leaves many questions unanswered. In this regard I have written twice to the Union Labour Ministry.But they say that payment of Gratuity is employers liability.Since consnsus was arrived at after discussing with trade unions, employers and taking into account economic conditions and employers capacity to pay and views of state govts, the Act has been passed by the Parliament, it cant be implemented now retrospectively.However they have mentioned that under section 4(5) of the Gratuity Act 1972 an employee has the right to get a better terms of Gratuity under any award or contract with the employer.The ministry has been evading clarifications on following issues 1 What is the basis of Gratuity Act 1972? 2.Why the Act was introduced as a Central Act uniformally applicable on all eligible employees? 3. If the Purpose was to maintain uniformity for all categories of employees why it has not been ensured now? 4 When it is a employers liability, what do the Union Govt intend to achieve and ensure with amendments coinciding with Central govt employees enhancement of gratuity? 5. Why the intended date of implementation was not disclosed when the amendment was tabled in the parliament? 6.Why amendment was inordinately delayed when Parliament was very much there? 7.When The Amendment failed to ensure even minimum package wef01.01.06,how and employers can offer a better deal? 8.If capacity of the employers is to be seen,then Union Govt should leave it to employers. Amendment makes no sense. It is clear that amendment has been approved with closed eyes and without application of mind. I am of the firm opinion that corruption has played a big role in its implementation prospectively.It has been deliberately done to favour employers who ensure hefty donations to party funds during elections.Nothing explains DELAY, DENIAL and DISCRIMINATION except CORRUPTION. There are reports that about 100 industrial houses and private sector banks have given 500 crores as bribes to politicians, intermediaries, leaders and bureaucrats for this amendment at the cost of about 2lac poor retirees who have been deprived of more than 12000 crores of their rightful retiral benefit.The allegations may be exaggrated or understated but there is definitely some truth in such reports.I have no means nor hold any position to verify accuracy of such repoprts, but the scam after scam in the UPA Govt support that there is every reason to believe.Matter needs to be probed by CBI and let the Ministry come clean hands.If investigation is taken up I am sure few ministers and bureacrats will be behind bars. I have submitted this to honorable Supreme court, but there has been no action.We must continue our fight to seek justice. Recently CAT has decreed in favour of Central Govt retirees to update pension based on sixth pay commission recommendations and thereby setting aside Central Govt notfications.So we must continue our efforts and representations at all levels.The most hurting part is discrimination towards a class of retirees without any basis.
  v chandraiah : 13 October 2011 :
sbi gratuity issue rtd employees one of the benifit
  kksharma : 22 September 2011 :
Sir, I listened that some pensioners filed a suit for gratuity payment in Kerala high court. Can anyone may give information regarding that. Thanks.
  G.C.Joshi : 26 July 2011 :
Dear Pensioner friends please note not to vote in favour of Congress as they by way of declaring the date of Gratuity payment as 24.05.2010 has deprived many of our pensioners friends from this benefit.This probably has happened in the interest of big Industrilist whoes interest has been kept above the board by the Finance Ministry for the reasons best known to them.But you can guess.Now the time has come to directly confront.
  Gayatri : 21 July 2011 :
This is a story about four people named Everybody, Somebody, Anybody, and Nobody. THERE WAS AN IMPORTANT JOB TO BE DONE AND EVERYBODY WAS ASKED TO DO IT. EVERYBODY WAS SURE SOMEBODY WOULD DO IT. ANYBODY COULD HAVE DONE IT, BUT NOBODY DID IT. SOMEBODY GOT ANGRY ABOUT THAT, BECAUSE IT WAS EVERYBODY’S JOB. EVERYBODY THOUGHT ANYBODY COULD DO IT BUT NOBODY REALIZED THAT EVERYBODY WOULDN’T DO IT. IT ENDED UP THAT EVERYBODY BLAMED SOMEBODY WHEN NOBODY DID WHAT ANYBODY COULD HAVE DONE. It’s Your Fault; do you find yourself saying this to others and yourselves? This is the road to Freedom from The Blame Game; Blame is so common that it is seldom questioned. It is almost a form of bonding ritual among certain people to blame somebody for something every time they speak. People blame their job, various authority figures, the government, the economy – the list is endless. When we take responsibility for our feelings, we begin to make significant headway toward inner healing, but the difficulty is that even when we intellectually own our experience, we continue to unconsciously blame. We remain stuck in self-rejection, preventing true acceptance, integration, and release of negativity. One of the essential challenges of any therapy is getting past unconscious blame. Let us blame ourselves for the present state.
  Arya : 01 July 2011 :
As a last resort pensioners of the 01/01/2006 to 24/05/2010 block / their representative Associations may make a personal representation to Prime Minister Shri.Manmohan Singh, as was done by News paper Employees, on the issue of implementation of their Wage Board recommendations recently.
  Satry : 05 June 2011 :
I recommend reading the article written today (5th June) in Times of India by Chetan Bhagat. Kings ruled our country for thousand years. The people were helpless against the atrocities & misdeed of the king. British Empire with its immense power ruled our country for 250 years then. Luckily, leader like Mahatma Gandhi who fought & left unparallel legacy of nonviolence & liberated our country. We thought that we will see golden time ahead because we sent elected representative to run peoples government where people were supposed to have power to establish a system were all have basic rights described in our constitution. Unfortunately, those elected leaders became kings who in coalition with corrupt businesspersons gathered huge wealth. These corrupt practices were carried down by the burocrates to grass root level & unfortunately, no one dares to challenge the corrupt. The only way we can abate corruption by challenging the corrupt practices we face in our daily occupations. The present events carried by Anna Hazare & Baba Ramdev are a wakeup call for everyone. Do not bow down to corrupt practices. Challenge them.
  Sastry : 26 May 2011 :
UFBU’S CLARION CALL Circular No.UFBU/2011/CIRCULAR No.3 dated 22nd May, 2011 to All Affiliates do not contain any reference to Gratuity Issue. Now effected people can dream of settling the issue by seeking the help of some M.P.s who can understand the justification in the demand and support/fight for the same.
  MANICKAM Y : 22 May 2011 :
So we have performed the first anniversary for the hope on payment of revised gratuity in SBI,which was murdered by the GOVT.& THE UNION /ASSN. on 24/05/2010.We know that the departed soul will not rest in peace,still we will pray for it.
  Satya : 20 May 2011 :
It is time to obtain information under RTI act between Govt and IBA on Gratuity Increase to know the role of Associations;
  Satya : 02 May 2011 :
People suffers a lot not because of silence of bad people but because of silence of good people. Bank stafff are no exception. The 9 BPS & Gratuity issue has totally divided the banking fraternity under different heads. Unless you do some thing in concert like AIR India Employees no justice can be expected.
  v chandraiah : 26 April 2011 :
i retired june 2009 but rbi pay gratutity effect from jan2006 so all sbi employees also eligible gratuity effect from jan 2006
  bharat bhushan jaitly : 20 April 2011 :
The government has done geat injustice to the pensioners who retired between 1-1-2006 and 23-5-2010. Why is union leaders are silent on this account. The Ministry of Labour is not for the welfare of labour but for the welfare of big industrialist. Hence the nomneclature of the ministry should be Ministry of Industrialists.
  S.S.BATRA : 28 March 2011 :
Gratuity increase not effected from back date is a subject which relates to a small number of employeees who retired during 2006 to MAY 2010. Unions leaders also have not shown any interest in this nor the Management has shown any intention whom we elders have been respecting throughout and remained loyal to our esteemed institution. It really pains and hurts when U talk so much about facilities to be given to the Senior citizens and at the same time do unjustice to them. It is a shame that men in power viz, MPs did not dissent when their salary was hiked by 300% in one go. We retired people now lack strength and hope that the Supereme court takes SUO-moto action against this injustce.
  Sastry : 14 March 2011 :
The latest budget has proposed to lower the qualifying age of a senior citizen from 65 to 60. Simultaneously, the exemption limit for senior citizens is increased from Rs.2.40 lakh to Rs.2.50 lakh. A new category of senior citizens (80 and above ) has been announced. On the face of it, these measures promise much but in practice they will deliver little. But are these sufficient to ameliorate the lot of the senior citizens, who as the Finance Minister rightly says, deserve our special attention?. Tax exemptions on higher income are fine but quite obviously they are relevant only to those having matching income. It would be wonderful if a vast majority of senior citizens has taxable income beyond exempted limit. The retirement age in India varies from 58 to 60 in government and private sectors. Pension benefits wherever available will not offset the steep fall in incomes post-retirement . Many benefits that went with their jobs, notably medical benefits, are automatically scaled down or withdrawn. But it is precisely in the advancing years that health care costs will go up. The chance of a major illness impoverishing even a reasonably well off pensioner is real. The sad fact is that many of the today’s senior citizens did not have means and the wherewithal to plan for their retirement during their working years. While focusing on tax exemptions for senior citizens, we may humbly request The Hon’ble Prime Minister of India, The Hon’ble Finance Minister of India, The Hon’ble Labour Minister of India, Hon M.Ps, who are well known for justice to all concerned, to consider the genuine demand of the PSU retirees from 1.1.2006 to 23.5.2010 and amend the date of implementation of Increase of Gratuity Ceiling of Rs.10 lakh, effective from 01-01- 2006 instead of 24th May, 2010. This will really help the few senior citizens who have retired since 2006.
  Sastry : 16 February 2011 :
As per press reports “Following discovery of Rs 1,731.57 crore in suspense account, the CBT raised rate of interest on provident fund deposits to 9.5 per cent for its 4.71 crore subscribers from 8.5 per cent which is being paid by EPFO since 2005-06″. This is one more reason why for people retired between 1.1.2006 to 23.05.2010, higher Gratuity Ceiling should be made applicable. People retired during the above period received lower interest on their long term savings while facing the silent killer “inflation”.UFBU should take up this issue a an issue of retired employees.
  Sastry : 05 February 2011 :
In successive budgets, the Govt has handed huge concessions to corporates. Between 2007 and 2009, Tax revenue foregone on account of exemptions under corporate income tax amounted to crores. As per press reports, the 2 G Scam alone cost the exchequer Rs.50,000 crores. Experts have placed the size of Black Money Economy at anything between 40 per cent and 50 per cent of the GDP. Then why the Govt is quibbling over the IMPLEMENTATION OF GRATUITY ACT, 2010 w.e.f. 24TH MAY, 2010 FOR BANKS. (GOVERNMENT EMPLOYEES HAVE GOT THE SAME w.e.f.01-01-2006). We are also paying Taxes regularly. It is tragic that the Government that gives huge corporate concessions and looses money in corruption is not considering implementation of increased ceiling from 01.01.2006 to the retirees. An aam aadmi sarkar fights the poor retirees. It is unfortunate that Trade Unions have dropped the issue like a hot potato in the year 2010. Affected retired employees may represent to Govt/Unions through their elected representatives to reconsider the matter in the Current Budget session 2011 of Parliament by mails, as a last resort.
  MANICKAM.Y : 27 January 2011 :
Shall we now take it that the last nail has been driven in the coffin of REVISED GRATUITY PAYMENT as the present leaders seem to have forgotten the same conveniently?We were told that SBI management has written to the GOVT.for payment from retrospective date.The denial message from the GOVT. also states that this can be done if there is an agreement or understanding on the same.In the case of SBI the management was willing earlier to back date the gratuity payment and so this still can be done if the UNIONS AND ASSOCIATIONS move together, but will they?
  S K MISHRA : 09 January 2011 :
THIS IS VERY UNFAIR DECISION OF GOVT REGARDING THE ALL EMPLOYEES WHO WERE RETIRED BEFORE 24.05.2010.THIS IS WRONG DECISION OF GOVT.
  CHOTI : 03 January 2011 :
Aiboc vide CIRCULAR 168 DATE: 31.12.2010 CLAIMS " As a result of our concerted efforts with the Labour /Finance Ministry, the ceiling of gratuity was enhanced from Rs. 3.50 lac to Rs.10.00 lac w.e.f. 24.05.2010. under the payment of Gratuity (Amendment) Act 2010."
  Hiren Davra : 18 December 2010 :
Dear Sir I want to get online copy of 6th & 7th wage revision of Bank employee & Officers Where from i can get the same ? Regards
  S.C.SURI : 16 December 2010 :
I am always with you people.Now I am affected it does not mean that I should stay away.You are doing so helping work one can understand.I also retd on 30.04.2010 and got only 350000/-.Thanks and carry on. KIND REGARDS
  kdprao : 13 December 2010 :
whether the Central Government announce the date from which the Gratuity enhanced notification come into force
  Sastry : 02 December 2010 :
The bonhomie exhibited on the issue at various workmen conferences, summit meetings is only a facade, under which lies a labyrinth of deception, double-dealing and cunning. It is strange that the workmen directors are silent on the issue. The only solution left out is for individuals/groups, either approach the courts.
  manickam.y : 15 November 2010 :
RETIRED BANK EMPLOYEES (01/01/2006 TO23/05/2010) PLEASE FORGET INCREASED GRATUITY
  manickam.y : 17 October 2010 :
The ministry of labour and employement has refused revised gratuity payment in banks from 01/01/2006.However as per gratuity act (4.5) 1972 it states an employee to right of increase in amount by any award or agreement with the employer.FULL DETAILS ARE AVAILABLE IN ALL BANKING SOLUTIONS UPDATE AS ON 17/10/2010
  Kona Durga Poleeswar Rao : 17 October 2010 :
Sir, I have retired voluntarily after completed 33 years of service in Indian Railways in the month of October 2009. It is come to understand that the enhanced gratuity is from May 2010. I would like to request to implement the above order w.e.f.01-01-2006 on wards.
  RoyChoudhury : 13 October 2010 :
The MOF ,GOI have conveniently delayed the decision of raising the upper limit for payment of gratuity to Bank Employees.The ministry and its bureaucrats however didnot suffer on account of their delayed decision.It was the Bank employees who waited for 3-4years and ultimately were denied of the payment from retrospective effect.Those who retired before 24.5.2010 had to suffer due to the illogical decision of the government to raise the limit from a prospective date.Why should some people suffer on a/c of the delayed decision of the government?Labour ministry says ,payment from retrospective effect would perhaps adversely affect the bottom line of the small companies.What about banks?What about those companies which have ability to pay?Did anybody question the paying capacity of the government for its employees ?The decision was draconian.Such unfair treatment to senior citizens by an elected government speaks ill of the democratic character of the Indian Nation.
  Alagarsamy : 30 September 2010 :
It is gross injustice. Enery time the Salary revision is delayed by government and then after 2 - 3 yrs the revision is effected. Luckily here it is with retrospective effect. When Government employees are given the benefit of enhanced Gratuity from the date implementation of the revised pay, their is no rationale for denying the same benefit to section of employees. The government discriminates the employees and penalises for their own delay in deciding. With this approach, if the goverment delays taking decision for another two years, then they would have saved more. Tomorrow the salary revision also may come with prospective. A collective representation through Legal or polical forum is required to get justice.
  Sastry : 30 September 2010 :
On the last day of every month when ever we open the news papers we find advertisements on “Superannuation wishes” and “Retirement greetings”. But unfortunately for employees retired between 01.01.2006 to 23.5.2010,it has become a day of CONDOLENCES due to discriminatory implementation of enhanced Gratuity Act w.e.f 24.05.2010. The wounds inflicted by the amendment are becoming deeper and deeper as the days pass on, due to callous attitude of employees representative unions/by law makers, towards the issue. The cost of living is increasing day by day living the lives of the retiree families to market forces. Gratuity lost gratitude. Sastry
  Kamlesh Gopani : 10 September 2010 :
Sir, I was working for private sector.I have resigned wef 1st May 2010.Gratuity Limit increased from 3.5 lacs to 10.0 lacs,this was passed by our Prime Minister on 4th March 2010.And it should be effective from atleast with the same date insted of 24th May 2010 which is very unfair.This matter has to be reconsider by our P.M. Thanks
  Y MANICKAM : 05 September 2010 :
There is a message that some banks have already paid arrears of gratuity to its retired employees.In SBI your pension is not revised as also gratuity.Other bank retirees receive gratuity revision benefit and also revised pension based on 9th BPS.In SBI where the three benefits are available(as other banks usually clamour)there is absolutely nothing for the unlucky seniors.WILL THERE BE A DAWN FOR SBI RETIREES?CAN GOD ONLY CAN TELL.
  Y MANICKAM : 04 September 2010 :
What is the stand and the developments in this regard from the point of view of the ASSNS/UNIONS? you should be aware that while other bank pensioners will get 50%of the revised 9thBPS BASIC PAY as pension our revision is a big ZERO as nothing is available in the 9TH BPS for SBI pensioners.Let us pray that we get at least some recurring increase in this pension basic pay revision.GOD ARE YOU THERE TO LISTEN TO OUR HELPLESS CRIES?
  Priya Brata Chakrabarti - Retd. SBI Official. : 02 September 2010 :
Dear, My question is whether any Minister or M.Ps., Trade Union leaders or any Central Trade Union Leader see this site ? I am in doubt, if so, they may reply on our comment. As any one of them are not giving comment on our write up with their say, My request to the Authority to close this site to avoid unnecessary communication and expenses of them. Sorry ! PRIYA BRATA CHAKRABARTI
  Y MANICKAM : 30 August 2010 :
The latest SAMVAD(AUGUST 2010) issue,house magazine of pensioners assn/federation MUMBAI states that previous cases filed by individual pensioners/assns.for common implementation date of gratuity revision were dismissed by the court.The matter stops there for us to infer that we are unlikely to get the revised gratuity backdated to 01/01/2006.
  Y MANICKAM : 27 August 2010 :
true,govt.has taken more than two years to amend GRATUITY PAYMENT ACT.BUT who should point out to restore justification?you and i cannot ,only the present organisations can do.It looks they are towing the GOVT.lines.The retirees problems and rendering justice for them has never been in their agenda at any time,So do not expect any improvement unless some miracle happens.Good luck to all
  sastry : 23 August 2010 :
For Bankers retired between 01.01.2006 to 23.05.2010 the gratuity was paid based on Service Regulations. As an industry wise solution, AIBEA/AIBOC should link demand for implementation of higher gratuity limit of Rs.10 lakhs to 9th BPS with IBA so that Bankers retired before 23.05.2010 get higher gratuity benefit automatically.
  u.s.chanda : 19 August 2010 :
Priya Brata Chakrabarti thanks for your comment We must look for justise
  manickam.y : 14 August 2010 :
GRATUITY REVISION IS A MIRAGE AS OF NOW. IN THE LATEST COMMON BOND THE AIBOC HAS TAKEN CREDIT (?)FOR ENHANCEMENT OF THE CEILING FROM 3.50 LACS TO 10 LAKHS WITH EFFECT FROM 24/05/2010.HENCE THE MESSAGE IS CLEAR.HOPES BELIED THAT IS ALL.BETTER LUCK NEXT TIME(?)
  VIJAYA KUMAR B : 10 August 2010 :
I have been retired from SBi on 16.03.2008,the effective date should have been the date of wage revision i.e. 1.11.2007, as the act applies equally for all the public sector employees why there should be so much discrimination to retired Bank employees.
  manickam.y : 09 August 2010 :
THE GRATUITY INCREASE SEAMS TO HAVE MET WITH A SILENT DEATH AND SECRET AND CONFIDENTIAL BURIAL.EVERY DAY PASSING MAKES THE MATTER MORE AND MORE DILUTED AND THE POSSIBILITIES ARE BECOMING MORE AND MORE REMOTE.BLESS OUR JUNIORS AND LET THEM ENJOY.
  akgoila : 05 August 2010 :
It is very unfortunate that gratuity act is amended from 24/05/2010 for we bank retirees. Can we file any writ in any court.
  Zephyrine Goveas : 02 August 2010 :
Government is not bothered that injustice is done to employees affected by income tax on enhanced gratuity from 1.1.2007 to 23.05.2010. Govt. may think these employees are not in a position to fight. Govt. may be right because no one has filed a writ petition against this grave injustice. Under what forum can the employees retired during this period can come together? I am sure, the Court will direct the Govt. to treat these employees on par with those who are getting the tax benefits w.e.f. 24.05.2010.
  Y.MANICKAM : 24 July 2010 :
SBI EMPLOYEES/OFFICERS HAVE GOT A RAW DEAL ON PENSION AS THERE IS NOTHING CLEAR ON REVISED PENSION FOR THE SBI 9TH BIPARTITE RETIREES.ADD TO THIS THE DISAPPOINTMENT ON GRATUITY REVISION.AS THE BANK HAS ALREADY RECOMMENDED TO THE GOVT.ON REVISED GRATUITY PAYMENT THE MATTER NEEDS TO BE URGENTLY CLEARED BY THE UNIONS AND ASSNS. WITH OUT FURTHER LOSS OF TIME ON PRIORITY BASIS.LEST MATTER WILL STAND DILUTED AND VANISH INTO THIN AIR.WE HAVE LOST A LOT, LET US GET THIS ATLEAST.
  Sachidanand Mamgain : 23 July 2010 :
My friends, the grievances shown by our colleagues is right & justified. This Govt. is discreminating between Central Govt. employees & PSU/Bank employees are being treated step motherly. When these politicians come to our doors for begging our valuable vote, they swear god that they will sacrifice their lives to bring justice & equality to the mankind. WE have also given our precious votes to these idiots at the time of general election, then why they are discreminating the employees of Banks/PSUs with Central Govt. Employees. Let us join hands together to teach a lesson to these unhuman politicians.
  P GOPALA SHASTRY : 16 July 2010 :
FRIENDS I HAVE GONE THROUGH VARIOUS COMMENTS OFFERED BY RETIREES AND IT IS REALLY SHOCKING THE GRAVE INJUSTICE DONE IN RESPECT OF GRATUITY TREATING EQALS AS UNEQAL.I SUGGEST TO KINDLY APPEAL TO THE HONOURABLE CHIEF JUSTICE OF INDIA TO CONVERT THIS APPEL AS PUBLIC INTERST LITIGATION SINCE ORGANISING RETIREES AND SPENDING MONEY BY INDIVIGULAS IS DIFFICULT TASK- P GOPALA SHASTRY POST BORIMAR, MANI BANTWAL TALUK 574253
  P GOPALA SHASTRY : 16 July 2010 :
FILING AWRIT PETITION IN THE HONOURABLE SUPREME COURT REQUIRE HUGE MONEY AND ORGANISING RETIRED EMPLOYEES IS AHERACULAN TASK. I SUGGEST MASS REPRESENTATION TO THE CHIEF JUSTICE OF INDIA TO CONSIDER THIS INJUSTICE AS PUBLIC INTERST LITIGATION ISSUE SUO MOTTO NOTICE TO UNION OF INDIA-PGOPAL SHASTRY
  KA Salian : 14 July 2010 :
scribbling at various sites would not give any result. Trade unions / associations in Banks, LIC, PUC and corporates should lead a delegation to the prime minister. People retired between 1.1.2006 to 23.5.2010 having contacts with the trade unions / associations can influence the office bearers to take his just cause forward.
  PRIYA BRATA CHAKRABARTIc : 11 July 2010 :
LODGE YOUR PROTEST AGAINST DISCRIMINATORYIMPLEMENTATION 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 11th JUNE.,2010. 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 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. General Secretary Indian National Bank Employees Federation
  Sastry : 08 July 2010 :
The Monsoon session of the Parliament is likely to commence shortly. Are there any Hon.M.Ps, interested in raising the issue and solving the problem?. Employees who retired after 24.05.2010 have started expressing their sympathy to the employees retired prior to 24.05.2010; See how policy decisions create divisions:. See All Banking solutions sight on this subject.
  M.C.AGRAWAL : 30 June 2010 :
what a democratic country?where is the right of equality....equality before law and equal treatment to all...perhaps here also the pvt sector employers have made underdeal with the law makers? why the MPs are now proposing their salary hike from 16000/= to rs 80000/= where as they are spending crores of rupees in form of perks and facilities...they are enjoying at cost of general public....now the next world war will be against the corruption and these corrupt politicians who come in power for making money and securing their future....why incometax deptt and CBI is not initiating any probe for the wealth they have accumulated beyond their income...ye desh ab chor or luteron ka ho gaya hai..jis to dekho wahi ise chunt chunt ke kha raha hai...are bapu jara neeche ake to dekho apke swapno ke bharat ka kya hall hai? M.C.Agrawal
  Shiv Lal Yadav, Retd RSEB employee : 30 June 2010 :
Sarkar ne is bar bhi gareeb karmachriyon par hi chot ki hai. jab 6th vetan Aayog 01.01.06 se lagu kiya to Gratuity limit 24.05.10 se kyon badhai? bahut annyaay hay
  SANTHARAM N : 25 June 2010 :
It is a great unjustice thrown towards bank employees, especially on State Bank of India pensioners. Even not it is not too late to reconsider the effective date. It is understood that the SBI management has recommended for the payment from 1.1.2006 and is pending with the Government. Let the Government have a sympathetic approach and sanction the gratuity payment to be payable to pensioners who retired on or after 1.1.2006.
  HI.S.SETH : 24 June 2010 :
I request The Honourable President of India, The Hoin’ble Chief Justice of India, The Honourable Prime Minister of India, The Honourable Labour Minister of India, to consider the genuine demand of Banking industry 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.
  Shyam Autar gupta : 23 June 2010 :
The Indian Govt. has done great injustice in case of retirees before 24.05.2010.RIGHT TO EQUALITY article 14 in our constitution guarantees equality before Law to all persons within the territory of India. therefore we all effected by this ammendment should approach supreme court for this injustice done by the Govt. under the influence of big Industrialist.
  sastry : 22 June 2010 :
With the double digit inflation before us and the looming increase of oil prices the future of retired staff has become a night mare. The work force who have retired between 1.1.2006 to 23.5.2010 are the people who have badly sufferred on all fronts due to globalisation after effects.These are the people who deserve the relief, along with future retirees.The issue should be taken to the notice of all M.Ps, by print media and visual media. We are in the era of "paid news". It is for the sufferers to search the avenues. These mirror e mails serves no purpose.If neglected, this will be like another Bhopal episode. The need of the hour is to take the matter to the notice of our honourable law makers;
  SHARADCHANDRA DANEJ : 19 June 2010 :
Yes I am of the view that enhanced gratuity payment should be applicable from 1.1.06 and there should be no discrimination between employees of central govt and other private sector employees. The govt too wants to implement the gratuity system uniformly to all the employees whether govt or non-govt, then why the govt has made the recent amendment applicable from 1st Jan. 2006. The protest should be lodged with the govt through combined efforts of all banks associations/trade unions. S C DANEJ
  Naresh K Duggal : 18 June 2010 :
A great injustice done to the retirees retired before 24.5.2010 for not paying enhanced gratuity wef 1.1.06
  sridevi : 09 June 2010 :
If the employee retires on 31.05.2010, but his date of birth is 10.05.2010 whether he is eligible for new amendment gratuity act to get the enhanced amount as per amendment act. please reply in detail.
  Nitin Doshi : 07 June 2010 :
Yes effective date of enhance Gratuity sould be 01.01.2006. If an employee retired on 30.04.2010 he has to pay Tax on Gratuity Amt if it is more than 3.5laks. If an employee retired on 31.05.2010 he will received more than 3.5lks as Gratuity without Tax Both person retired in same Financial Year and injustice to first person.
  S.K.Majumdar : 07 June 2010 :
Personnely I am happy to lern about the hike of Gratuity of the govt. employees from 3.5 lakh to 10 lakhs. We are waiting for this enhencement since 1.1.2006 at least. However we thans to Government for this dicission. Majumdar Port Blair
  shrinivas : 05 June 2010 :
To undo the injustice, it is necessary to fight unitedly by all unions of all industries. Will somebody take a lead in this regard? It is necessary to give wide publicity in the media on the injustice done to thousands of people and also make aware of this injustice to the leaders of all the political parties. If we keep quiet, it will be construed that everyone has accepted the decision of the government. Need to act fast.
  S.K.SHARMA : 05 June 2010 :
It is discriminatory attitude of government of India towards PSU that effective date for implementation of revised gratuity amount is w.e.f. 24th may whereas for other CPSU & central government employees it is much earlier i.e.1/1/2006.Where as i the same manner it should have been from 1/1/2007.The govt. should look in to it and avoid violation of constitution of india ie discreminatory step of not treating all employees equally. the govt has perhaps made a private emplopyer happy at the cost of employees which is not fair.A great injustice and step motherly treatment with the with the CPSU and the PSU employees
  danendra : 03 June 2010 :
It is discriminatory attitude of IBA and government of India towards bankers that effective date for implementation of revised gratuity amount is w.e.f. 24th may whereas for other central government employees it is much earlier. Central pay commission (see latest report) has abolished stagnation in scale where in bank our union leaders get one or two additional stagnation increment and feel proud for it. When banks do not promote a person in time due to its own constraints there is no justification to stop increment in the name of stagnation. Bank management is indirectly punishing seniors. It is pitiable and condemnable. But who will fight for it? Courts take decades in delivery of judgment. IBA is taking advantage of weakness of judicial system and taking arbitrary decision, it may be discrimination with PF optees, or effective date of payment of revised gratuity of stagnation in annual increment or posting of an officer in a whimsical way or all pervasive corrupt practices in credit delivery. It needs lacs of rupees and a good and sincere devoted advocate. Who will help? Where are such good advocates? Bear with the prevailing discriminatory system and try to adjust what God gives or else decide to fight with all possible might till the last breath of life. .
  H.T. SHAH : 03 June 2010 :
Employees retiring after 24.5.2010, whether he has to pay Income Tax on Gratuity amount of Rs.7.00 which will be received by him from the Organiazation (CENTRAL P.S.U.)How much Income Tax he has to pay on Gratuity?
  G S.Ganesh : 03 June 2010 :
The delayed tabling of the Payment of Gratuity (Amendment) Act, 2010 in parliment has left salried people in the lurks. Why the disparity between Central, State Govt and PSU, Waiting to see one more fair amendment ganesh
  b r lutava : 03 June 2010 :
it is discremenatory for effecting the date wef24.5.2010 for semi govt/banks where as the same apply to govt/psu prior to thisdate i,e 1/1/2006.further though the nationalsed bank are owned by the govt why thgis do not apply retreospectively wef1.1.06the gove should look in to it and avoid violation of constitution of india ie discreminatory step of not treating all employees equally. the govt has perhaps made a private emplopyer happy at the cost of employees which is not fair
  ramdass : 02 June 2010 :
it is sheer injustice to those who are retired before 24/05/2010.for information to all on earlier occations whenever gratuity is enhanced it was implemented with retrospective effect and very basic for enhancment for gratuity is 6th pay comission for them it is implemented since 01/01/2006 why it is for others since 24/05/2010. this govt called peoples govt which i dout the statement. please rectify the mistake.
  CHANDRA : 02 June 2010 :
CEILING AMOUNT ENHANCED FROM 3.5 TO 10 LACS EFFECTIVE FOR SOME PEOPLE FROM 01-01-06, FOR SOME OTHERS FROM 010107, AND FOR SOME PEOPLE FROM 240510 RESULTS IN DISPARITY, INJUSTICE, INEQUALITY,STEP-MOTHERLY TREATMNT, ESPECIALLY TO THOSE WHO RETIRED BEFORE 24-05-10 JUST BECAUSE THEY DO NOT BELONG TO CENTRAL GOVT OR PSU. THE DIFF.AMT IS LARGE I.E.6.5 LACS WHICH IS VERY USEFUL AFTER RETIREMENT FOR MARRIAGES OR FUTURE SECURITY. PLEASE IMAGINE YOURSELF IN MY POSITION AND RECON-SIDER AND REVISE THE EFFECTIVE DATE TO READ TO READ AS 010106, SO THAT A LARGE NUMBER OF RETIRED EMPLOYEES FROM 010106 WOULD BECOME ELIGIBLE TO AVAIL THE EXTRA GRATUITY BENEFIT OF 6.5 LACS ON ACCOUNT OF REVISION OF EFFECTIVE DATE WITH RETROSPECTIVE EFFECT W.E.F 01-01-06.THE DELAY IN ANNOUNCING THE DATE IS DUE TO ABNORMAL DELAY IN INTRODUING THE BILL IN THE RAJYA SABHA, LOK SABHA, AND IN THE PARLIAMENT AND EVENTUAL SIGNING THE BILL ON 240510 AND ALSO THE GAZETTEE NOTIFICATION. WHATEVER BE THE DIFFERENCES, DEBATES, DISPUTES, FOR AND AGAINST,THE EFFECTIVE DATE MAY PLEASE BE REVISED TO READ AS 01-01-06.THIS MAY PLEASE BE DONE AT LEAST FOR THOSE INSTITUTIONS, EITHER PUBLIC OR PRIVATE SECTOR WHICH ARE RUNNING ON PROFITS CONSEQUITIVELY FOR THE PAST SEVERAL YEARS. THE DECISION REGARDING EFFECTIVE DATE FOR THOSE PRIVATE OR PUBLIC SECTOR, WHICH ARE RUNNING ON LOSSES CONSEQUITIVELY, MAY PLEASE BE TAKEN APPROPRIATELY, SO THAT THE EMPLOYERS WHO HAVE MORE CAPACITY, LEY THEM PAY TO THEIR EMPLOYEES W.E.F. 01-01-06.SO THAT THEIR EMPLOYEES AND THEIR FAMILIES COULD BENEFIT.
  D.V.Virmani : 01 June 2010 :
Retirees from 01.01.2006. to 24.05.2010.are not step sons of INDIA as such effective date should be the same for all i.e.01.01.2006.
  N Venkataraman : 31 May 2010 :
Dear Sir, I had great hopes that the present government will aplly the same at least from 1.4.2010 being current financial year. They bhad belied the hopes of several private sector employess
  sekhar : 31 May 2010 :
FOR CENT.GOVT. EMPLOYEES IT IS 1/1/2006 AND FOR PSU IT IS 1/1/2007. WHY IT IS 24/5/2010 FOR OTHERS.THE DELAY IS DUE TO OUR SYSTEM OF DECISION MAKING AND IS BY GOVT,THEN WHY TAXPAYERS WILL SUFFER ? PL.NOTE THERE IS NO DISCRIMINATION WHEN WE PAY TAX AND TAXRATE/SLAB IS SAME FOR ALL . WHY DISPARITY IN GRATUITY AND THAT TO FOR DATE OF IMPLEMENTATION.INJUSTICE IS MADE TOWARDS TAXPAYERS, REQUEST OUR HON.PM AND HON. FM TO LOOK INTO DISPARITY AND KEEP DATE OF IMPLEMENTATION AS 1/1/2006 UNIFORMLY FOR ALL AS DONE IN CASE OF CEN.GOVT.EMPLOYEES.
  gurunath : 31 May 2010 :
the dicision to enhance the gratuity limit and effective date should be based on a sound logic and not on sentiments. 3.5 lacs to 10.00 lacs in one go that too on one date of signature appears to be not sound- considering the whole lot of people retiring/or retired.
  latha : 31 May 2010 :
it is not fair and justice shold be given to those retired before 24.05.2010
  R.P.TARAPOREWALLA : 30 May 2010 :
this is sheer injustice to those who have already retired before 24.05.2010. it is delay on part of govt. to pass the bill whuch was long pending. govt is requested to give retrospective date as for central govt employees as all are equally citizens of india. & benefit should go to maximum people possible.
  Dinesh : 30 May 2010 :
A great injustice and step motherly treatment with the with the private sector and the PSU employees who retired in between 1.1.2006 - 23.05.2010.
  P.K.Chatterjee : 29 May 2010 :
I have retired on 28.02.2010 from a PSU under Ministry of Defence. Am I eligible to get the enhanced limit of Gratuity of Rs.10,00,000/-.
  S.R.Salaria : 29 May 2010 :
Govt. of india has done injustice with the employees of PSU /private sector by implementing the gratuity amendment from 24.05.2010 instead of 01.01.2006 as has been done in case of central govt. employees
 
 
 
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