Mighty religious organization under adamant bureaucracy denies gratuity to its daily wager and contractual employee
According to gratuity Act employer is punishable with imprisonment six months but which may extend to two years
The Ministry of Labour & Employment (MOLE) is among receiving highest number of grievances of employer’s harassment
Bureaucratic elites administration in Shrine Board maintain their authoritarian type control
When employees speak out against mal-administration, it becomes challenge to bureaucratic power and employee’s faces suspension and termination
GY CORRESPONDENT
katra, Oct 27
Despite of Notice served upon through Station House Officer, Katra directing the Chief Executive Officer, Shrine Mata Vaishno Devi Shrine Board to personally appear before the hon’ble before the Court of Asstt. Collector, Katra on 27-10-2023 in the case titled Gulab Ram S/o Sh. Balak Ram C/o BMS, Prade, Jammu versus Chief Executive Officer, Shri Mata Vaishno Devi Shrine Board, Katra District Reasi mentioning “Whereas the above titled case has been fixed for hearing on 27/10/2023 in this court. It is to inform you to pay amount as arrears of land revenue provided under section 8 of the payment of Gratuity Act to the tune of Rupees 6,18,513 (Rupees Six Lakh Eighteen Thousand Five Hundred Thirteen Only) or deposit the same amount in this court on or before the next date of hearing on i.e 27/10/2022. Being deprived of the right to get gratuity from the Shrine Board’s employees along with the labor union had filed a case in the Labour Court Reasi, the said case was in favor of the employees. The CEO of the Board repeatedly served Notices from the Honble Court of Assistant Collector, Katra to pay the dues of gratuity to the aggrieved employees, but the authority of the Shrine Board has become so callous and heartless that it is not paying the hard-earned money of poor class VI workers.
As per the Section: 4 Payment of gratuity. (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, – (a) on his superannuation, or (b) on his retirement or resignation, or (c) on his death or disablement due to accident or disease: Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:
Whereas Section: 9 Penalties. (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both. (2) An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made there under shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both: Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment for a term which shall not be less than [36] [Six months but which may extend to two years] unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition 01; a fine would meet the ends of justice.In Shrine Board only state sponsored bureaucrat rules like authoritarians. There is little free speech for employees against dictatorship style. Employees who demand fundamental rights from these bureaucrats are likely to be harassed, demoted or dismissed. There is no independent judiciary to deal with grievances of the employees of the Shri Mata Vaishno Devi Shrine Board.
Trending
- JMC enforcement staff takes action against 50% violator of land use change Kala Mahajan from residential to commercial but spares action against 100% violators Rajinder Sharma & proprietor of Monte Carlo on private properties falling under Khasra No. 427, Ward-51, Sector-3 Channi Himmat Colony by only sealing premises of Kala Mahajan under JMC Act 2000 and avoiding action against other two potential violators adjoining with each other setting example of open favourtism and nepotism derailing sincere efforts of Commissioner JMC to establish top transparency & accountability in JMC functioning
- Owner of residential plot 328/4,Ward-50 ,Channi Himmat Colony after highlighting of violated construction making land use change in public domain through print media installs back window towards front side of kitchen removed earlier but commercial hall on three floors are still intact covering porch area and not constructing open Verandah on Porch keeping windows and small door besides keeping side entry to reach at first and 2nd floor without maintaining setbacks and completely changing both internal and external dimensions against approved residential site plan
- Class IVth employee working in Neurology Dept without any Administrative order by concerned Medical Superintendent, Super Specialty Hospital Jammu
- JMC unmoved towards open construction of commercial hall on ground floor in place of proposed kitchen by removing existing window and keeping provision for shutter and shop on porch area on residential plot 328/4 on main 60 ft road of Channi Himmat Colony in Ward-50 without maintaining setbacks making open land use change keeping separate entry from porch absolutely contrary to approved residential site plan
- JMC’s unfair functioning makes written undertaking by owner pledging to demolish violations more powerful than BOCA demolition notice under Section 7(3) as witnessed in case of residential house 203/2 on main road side Channi Himmat Ward-50 stopping proceedings under demolition notice when owner didn’t remove violations of converting residential porch into commercial shop which results in restart of whole of residential ground floor as commercial just before Diwali 2024 running garments business under name & Style, “RK Fabrics”
- JMC allows functioning of Axis Bank branch from violated two floor building when trial under BOCA notices 7 (1) & 7 (3) still going on at private land falling under Khasra No. 140/2 Min, Sector-3, Ward-51 Channi Himmat Housing Board colony without JMC NOC and without parking facility within premises
- JMC unaware of fresh construction/alteration on private land in Sector-3, Ward-51 Channi Himmat falling under Khasra No. 4 Min owned by Raman Sharma despite status Quo in place and sealing order intact and when trial of case still going on in High Court of Jammu and next date of hearing is on 22-11-2024
- JMC fails to stop ongoing construction of three unauthorized shops at bifurcated residential plot 29-C Shastri Nagar Housing Board Colony Ward-23 without approval of site plan from JMC despite letter by Dy General Manager Housing Board Unit-II, Jammu dated 18-10-2024 to Joint Commissioner ,JMC to stop ongoing unauthorized construction of three shops after lapse of residential approved site plan dated 26-11-2018 making land use change from residential to commercial