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.
