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NHRC TAKES SERIOUS VIEW OF DELAY IN PAYMENT OF RETIREMENT DUES BUT “KSHRC IS SLEEPING”

 
 
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NHRC TAKES SERIOUS VIEW OF DELAY IN PAYMENT OF RETIREMENT DUES BUT “KSHRC IS SLEEPING”
by System Administrator - Friday, 13 May 2016, 11:42 PM
 

By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: KSHRC ( HRC 1759/14 B-II )is sleeping in respect of Malleshwaram Co-operative Society Limited for non payments ofretirement benefits like Gratuity, leave encashment, bonus and Strike Period Salary and Balance salary as on retrenchment or compulsory retirement or forced retirement benefits and any other benefit payable at the time of the retirement in the year 2000 and interest payments for 15 years of delay in paying Retrial Benefits since the years 2000 till date .Like National Human Rights Commission (NHRC) KSHRC also should take serious view of delay in disbursement of retirement benefits, including pension and gratuity, to an employees of Malleshwaram Co-operative Society Limited pass orders for payment of retiral benefits with 15 years of interest for delayed payments without further loss of time as among 66 employees all are old age and dying one by one without retiral benefits.

Whereas Taking a serious view of delay in disbursement of retirement benefits, including pension and gratuity, to an employee of the Bharat Sanchar Nigam Limited (BSNL), the National Human Rights Commission (NHRC) has issued directions for an inquiry into the matter for fixing responsibility of the officials concerned. But Karnataka State Human Rights Commission has registered a case against liquidator and cooperation department for human right violations under HRC 1759/14 B-II But till today it has not passed orders against liquidator and cooperation department for human right violations and had not issued directions for an inquiry into the matter for fixing responsibility of the officials concerned for non payments ofretirement benefits like Gratuity, leave encashment, bonus and Srike Period Salary and Balance salary as on retrenchment or compulsory retirement or forced retirement benefits and any other benefit payable at the time of the retirement in the year 2000 and interest payments for 15 years of delay in paying Retrial Benefits since the years 2000 till date .

Joint Registrar co-operative Societies and Liquidator has not paid Pension or retirement benefits like Gratuity, leave encashment, bonus and Srike Period Salary and Balance salary as on retrenchment or compulsory retirement or forced retirement benefits and any other benefit payable at the time of the retirement in the year 2000 to Malleshwaram Co-operative Society Limited. As Supreme Court orders interest is not paid since 2000 and Revised Gratuity payments is not paid as per Karnataka high court order (Three Benches) on 17-11-2003 in N.S. Srinivasamurthy And Ors. vs The Registrar Of Co-Operative ... on 17 November, 2003 in respect of Malleshwaram Co-operative Society Limited And Joint Registrar co-operative Societies and Liquidator need to pay interest for about 15 years on delayed payments as per Supreme Court of India H. Gangahanume Gowda vs Karnataka Agro Industries ... on 5 February, 2003 and The citations have been filed before Deputy Directorcourt with separate memo on 13-05-2016 with citations and report of National Human Rights Commission of India in respect of"Retiral Benefits as a Human Right: NHRC Initiatives”.

The Supreme Court's influence in the socio-political sphere of our country is undeniable and almost hallowed in quality. It is predominantly with the tool of a broadened jurisprudence in enforcing the fundamental rights, guaranteed in the Constitution of India, that it has been able to uphold the ideals enumerated in the Indian Constitution The cardinal responsibility of the State to provide post-retirement benefits to the entitled employee or his family, in full and on time, has come under the scrutiny of the Supreme Court of India in many cases. The decisions of the Supreme Court of India has given the institutions in India an insight into the methods and means to uphold the sanctity of the right to receive pensionary benefits in India. It is with this spirit that the National Human Rights Commission reads the denial of retirement benefits as a violation of the right to life and dignity, thus leading the country's nodal agencies in the understanding that pension or the retiral benefits may be the only source of livelihood and means of survival for a family; hence nonpayment of these benefits has devastating effects on their lives. If these retirement benefits are not paid to them, the very survival of the retired employee or next-of-kin, and/or family members of the National Human Rights Commission deceased employees comes under question, in blatant violation of their human rights. The following are

Pension or retirement benefits like Gratuity, leave encashment, provident fund or any other benefit payable at the time of the retirement is to be made on the day of retirement or within a stipulated time period, in case of termination of the contract of employment due to voluntary retirement, retrenchment, layoff etc., to the employees, and in case of death of the employees during the course of employment or in employment, to his nominee or next of kin, within a stipulated or reasonable time period, where it is not stipulated. If not provided within this time period, interest is to be paid on the delayed payments.Retirement benefits are the accumulated savings of a lifetime of service. Denial, non-payment or delayed payment of the same is not only tantamount to denial of an individual's rightful property, but is also a violation of the human rights of the victim and their next of kin wherein their livelihood is affected, often times resulting in untold misery, starvation and poverty.

No respect to apex court orders by M.D.Narsimha Murthy Joint Registrar co-operative Societies and Liquidator. He need to be shunted out from the department as liquidator who has done continuous injustice to 66 sincere employees ofMalleshwaram Co-operative Society Limitedand these employees are dyeing one by one as they are of old ageand department is not considering their demands sympathetically as er apex court orders and now CM should intervene the matter as co-operative minister has failed to act on their legitimate demands. .He has refused to honor the Supreme Court orders and Revised Gratuity payments as per Karnataka high court order (Three Benches) on 17-11-2003 in N.S. Srinivasamurthy And Ors. vs The Registrar Of Co-Operative ... on 17 November, 2003 in respect of Malleshwaram Co-operative Society Limited and pay interest for about 15 years on delayed payments as per Supreme Court of India H. Gangahanume Gowda vs Karnataka Agro Industries ... on 5 February, 2003 and The citations have been filed before Deputy Directorcourt with separate memo, A full text of the reported judgments is placed on record along with separate memo which may was requested to be treated and read as part and parcel of this written arguments. But even Deputy director is suspected under pressure from M.D.Narsimha Murthy Joint Registrar co-operative Societies and Liquidator who is his superior officer in grade and not passing orders as per supreme court orders .After supreme court orders what else they need to pass again orders is the common man is asking the question.The 66 emloyees are demanding revision of their settlements as per Supreme court order and pay interest on it since 2000 for last 15 years or pay lump sume payments of of Rs 5 lakhs whichever is feasible and settle their dues as the ofMalleshwaram Co-operative Society Limitedhas croes of rupees cash and properties . Malleshwaram Co-operative Society Limited is under liquidation.Entire employee package need to revised as on 2000 and need to be paid interest from 2000 for last 15 years.