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1. RK Bhattacharjee says

   April 18, 2018 at 1:41 am

   The effective date of payment of retiral enhanced gratuity should reasonably be from the date of revision of pay as per DPE’s OM dated 3.8.2017 i.e..1-.1-.2017 and not from the date arbitrarily given by MO(L&E) i.e…29.3.2018 after lapse of about 15 months . Ironically in terms of DPE”s OM dated 3.8.2017 full payment of Rs.20 Lakhs gratuity is being made to all employees of G/U,who retired from January 2017 till 28..3.2018 but income tax being deducted over and above Rs.10 Lakhs,fixed during last revision till 28.3.2018,,for want of fresh G/N which was issued only on 29..3.2018. I am sorry to say that there is no correlation between the Ministry of (HI)and Ministry of (L&E) and that is why contradictory dates have been given by two different Ministry Under the same Govt.to harass the employees.They know very well that ceiling limit,,whatever the amount may be,,is always exempted from tax,because Govt.is not allowing employees to draw retiral gratuity as per PG Act Sec4(2) which will be more than ceiling limit but committed to enhance ceiling from the date of revision- of pay like 1-.1.-2016 for CPC and 1-.1-.2017 for G/U employees as per wage Agreement with the approval/directives of the President of India.. . So,,MO(HI) is requested to take up the issue with MO(L&E) to give retrospecti ve date so that employees retired from 1.1.2017 to 28.3.2018 can avail tax benefit of ceiling limit,otherwise employees will be double jeopardy ..in one side not allowing to draw gratuity as per provision of PG Act and on the other hand tax is deducted from ceiling limit itself, which is exempted as per Sec.10(10) of Income Tax Act 1961. .This contradictory effective dates are highly irrational and without application of mind which hits Article 14 of Constitution of India ….equally placed employees should be treated equally….More so gratuity act is for the welfare of employees for social security at old age and so effective date should be 1.1.2017 to regularise the order of other Ministries issued earlier as per time bound wage agreement…..It is needless to say that last time also gratuity payment was made from 1-.1-.2007 but tax was arbitrarilydeducted for non availability of G/N which was issued after two years and effective date was not given retrospectively from 1.1.2007 but from the date of issue of G/N i.e. 24.5.2010 and debarred some ill- fated employees who retired prior to 24.5.2010. to avail tax benefit as per income tax act….So, MO(HI) who is the controlling authority for wage revision must take up the matter with MO(L&E) to give retrospective date on and from the date of rev ision of pay…. If ceiling limit is omitted then there is no scope to amend the act…and employee can avail gratuity as per PG ACt… Moreso amendment of this act is always for benefit of employees..— In Ist revision G/N was issued in 1998 but effective date was given from 1997.but from 2nd and 3rd revision ,all such aspects have not been taken up before giving effective date knowing very well that time bound wage revision for CPC and G/U employees are done with approval/directives of the President of India much. .prior to G/Notification..and before passing the amendment . So, effective date should be given retrospectively to regularize the orders of other concerned Ministries,so as to allow the employees to avail the benefit of ceiling limit as per revision of pay,..,rather than harassing them for no fault of them.. . ,

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