54-yr-old ex-employee of SCI has filed a fresh petition in the high court seeking the release of his post retirement dues
Running from pillar to post, for his hard-earned money, has become a full-time profession for retired Assistant General Manager Raja Basu. The former Shipping Corporation of India (SCI) employee has now filed a fresh petition before the court seeking the release of his dues from the Assistant Labour Commissioner.
In his petition, he says that Kalpana Sisodia, Assistant Labour commissioner, Central 3, who was custodian of his gratuity of Rs 20 lakh from his Rs 45 lakh dues, has allegedly issued an order asking Basu to obtain direction from High Court to release the said amount or get consent of management of SCI, for releasing the payment. According to the mandate of gratuity law, as soon as the employer deposits the gratuity amount with the office of controlling authority, the same shall be released immediately, to the concerned employee.
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Advocate Rajeshwar Panchal, who is representing Basu said, "It is unfortunate that Basu, who had served SCI for over two and half decades, is deprived of his fundamental right to receive the amount of gratuity (R20 lakh), despite several orders from the apex court advising the state employer not to force their employees to come to court to get their dues like gratuity. But on the other hand state should suo motu release their dues without any delay post their retirement. Also the Gratuity Act has provisions regarding immediate release of Gratuity and any contravention of this provision is treated as an offence under section 9 of payment of Gratuity Act."
Gratuity payment
The petition further states that the petitioner on August 3 and August 7 approached the concerned labour officer seeking release of his gratuity, which was refused unless (I) Hon'ble High Court of Bombay gives her direction to release or (II) SCI the management gives consent to release the same.
"The Payment of Gratuity Act, 1972 does not require any such direction of the High Court or consent of management/employer to release gratuity. Hence, the action on the part of second respondent in passing such an impugned Order dated August 7, 2018, amounted to exercising powers for non-est reasons/grounds and hence suffering from 'malice in law' and also 'malice in fact'," pointed out Advocate Panchal.
Panchal, added the matter is slated for hearing on Sept 19, and irrespective of notice issued to respondents (Asst Labour Commissioner) no reply was filed nor anyone appeared on their behalf. The court asked the petitioner to file affidavit of service. The court may finally hear the plea on Sept 19 and issue an order.
The petitioner
The petitioner, Raja Basu, an Assistant Manager with SCI, Mumbai, had been unearthing financial irregularities and corrupt practices of some of the officers and employees in SCI Ltd, causing huge loss to the public exchequer. Fringe elements in SCI Ltd, allegedly hatched a sinister plan to victimise the petitioner in every possible way. Basu was subjected to penalties which were not prescribed by any law, much less SCI (CDA) Rules 2011, and later in 2017 he was forced to retire from service.
Also Read: SCI non-payment of dues: HC relief for staffer
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