No. PF-49 (f) / 72 Dated: 27th December 2007
Shri. Manmohan Singh,
Honourable Prime Minister,
Government of India
New Delhi – 110001
Sub: Request for extension of the benefit of the Supreme Court Judgment on Gratuity to three lakhs of Gramin Dak Sevaks in the Department of Posts – reg.
Ref: Supreme Court Judgment on SLP [Civil] No.21309/2006 upholding the Judgment of High Court of Punjab and Haryana CWP No.7576/2006.
This Federation hastens to submit to your very kind consideration the recent landmark judgment of Honourable High Court of Punjab and Haryana which stands upheld by the Honourable Supreme Court of India admitting payment of Gratuity under the Gratuity Act, 1972 to the widow of a deceased Gramin Dak Sevak under the Department of Posts, for causing kind orders by the Government of India extending the above benefit to the entirety of the Gramin Dak Sevaks in the Postal Department.
You may be aware Sir, that the Gramin Dak Sevaks are all along being discriminated on many matters including the payment of gratuity. Even a favourable recommendation by the Justice Talwar Committee constituted by the Government of India was not implemented on this issue. These workers are being paid only a consolidated sum of Rs.18,000/- despite serving under the Department of Posts for more than 30 to 45 years as the backbone of the rural postal services.
The recent Judgment of the above Honourable Courts dismissing the appeal and special leave petition of the Department of Posts have upheld the orders of the Controlling and Appellate Authorities of Gratuity Act, 1972 who p laced reliance on Section 14 of the Act and held that payment of gratuity to any person cannot be denied on the ground of any other provision in any other Act/ Statute or Rules. Therefore, the plea of the Department of Posts that only under the EDA Rules the gratuity is payable and that would take the case of the Gramin Dak Sevaks out of the purview of the Gratuity Act has been summarily rejected .
The Honourable Courts have clearly upheld the orders of the Authorities of Gratuity Act that though the service condition of the workman was governed under provisions of Post and Telegraph Extra Departmental Agent (Conduct) Service Rules, 1964 now known as Gramin Dak Sewak (Conduct and Employment) Rules, 2001, since the provisions of the above act are less favourable than the Payment of Gratuity Act, 1972, the respondent / employee is an employee within the purview of Section 2(e) of the Payment of Gratuity Act,1972" and thus ordered payment of gratuity under the Gratuity Act, 1972.
This Federation places the fact for your kind consideration that every day a number of such Gramin Dak Sevaks are retiring from service without receiving the eligible gratuity and requests your very kind intervention to order necessary amendment to the Gramin Dak Sewak (Conduct and Employment) Rules, 2001 that regulates payment of gratuity to these workmen as per the Gratuity Act, 1972 to ensure payment of gratuity @ 15 days wages per year of service as per the provisions of the Gratuity Act, 1972 and end the age-old discrimination being perpetrated to these rural postal employees.
Thanking you Sir,
Copy submitted to:
Department of Posts,
Dak Bhawan, New Delhi – 110001: for kind information and necessary action.