1. The Secretary to Govt.

of India
Ministry of Labour
New Delhi
2. The Regional Labour Commissioner (Central) 27-1-2008
Govt. of India, Ministry of Labour
Bangalore
BY EMAIL

Respected Sir,

Re : Non payment of Gratuity of Rs.64,615-00 as per Award by

Syndicate Bank Chairman to me – Breach/Violation of Award - Adopting Unfair Labour Practice - Request for granting
permission for prosecution
Ref : Award of the Industrial Tribunal, Hyderabad in I.D. No.14/80
Passed on 22-12-1988 – Award published by Govt. effective
from 17-6-1989;
Industrial Disputes Act Sec. 17, 17-A,18, 19, 25 U,29, 32, 34
My earlier application dt.27-9-2006

1. The Applicant submits that, the Hon. Industrial Tribunal, Hyderabad presided over by the Hon. Presiding Officer Sri
Jagannadha Raju has passed an Award in I.D.No.14 of 1980 on 22-12-1988 in the dispute raised on behalf of the
Pigmy Agents working in various Commercial – private – nationalised banks in India. In the said Award, in Para No.69 (2)
last sentence, the Hon. Tribunal has held that, “ They should be paid Gratuity of 15 days commission for each year of
service rendered.”
2. As per Sec.17-A (1), an Award shall be enforceable on the expiry of thirty days from the date of its publication under
Sec.17. The Award was published by the Govt. of India and the Award came to be effective from 17-6-1989.
3. As per Sec. 18 of the Act, the Award is binding between the Bank Chairman, Chief Executives, etc. and the Applicant
and the Award is in operation and the Bank is implementing the payment of incentive part of the Award to all the pigmy
agents working in their bank.
4. The Applicant submits that, he has served the Syndicate Bank at its Maruthi Galli, Belgaum Branch as Pigmy
Agent from
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6-10-1977 to 7-5-1996. As per the Award referred in Para 1 above, the Applicant is entitled for the Gratuity of Rs.64,615-
00 from the date of cessation of his service – i.e. from 7-5-1996. The employer should have paid the Gratuity sue motto to
the Applicant, since the Appeal of the employer before the Supreme Court of India was dismissed as regards Gratuity is
considered, in Civil Appeal No. 3355 of 1998 through its Order dt.13-2-2001.
5. However, the Bank has not paid the Gratuity due to the Applicant, inspite of Notice sent by the Applicant on 7-5-
1996. The action of the Bank in not paying the Gratuity is Breach of Award. This Breach of Award by the Employer is
punishable with imprisionment, etc. as per Sec. 29 of the Act. Since the Bank is a Company, as per Sec. 32, the
Chairman and other Executives of the Bank are deemed be guilty of the offences and are liable for punishment.
6. The Bank has failed to implement the Award and it is an Unfair Labour Practice as defined in V Schedule to the Act
in I No.13. The Penalty for Unfair Labour Practice by the Bank is defined in Sec. 25 U of the Act as imprisonment.
7. As per Sec. 34 of the Act, no Court can take cognizance of offence, unless on a complaint made by or under the
authority given by you.
8. In view of breach of Award by the Bank in not paying the Gratuity to me due on 7-5-1996, the Chairman, Chief
Executives and Branch Manager of Branch, the Applicant has been suffering and the abovementioned persons of the
Bank has committed offences as mentioned above and you are the appropriate Govt. to give appropriate authority/
permission for prosecution.
9. Therefore, the Applicant request you to grant appropriate permissions to prosecute the Bank’s Executives mentioned
above.
10. If the Applicant do not receive any written permssion to prosecute

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the Bank Chairman, Chief Executives and the Branch Manager of Maruthi Galli, Belgaum within 90 days from the receipt
of this letter, I construe that, the permission is deemed to have given to me through your silence and the Applicant will
proceed further for the prosecution of the officials mentioned in the para.
11. The Applicant further submits that, any hearing in the above matter may please be held at Hubli, as the Applicant is
a weaker party and is residing at Hubli.
12. It is prayed accordingly.
13. This Application is sent to you by Email. The copy of this Application is also sent to the Chairman of the Bank by
Email.

Yours truly,
T.Sadashiva Kini
Prarthana Bldg.
216/C, Shukrawarpeth
Tilakwadi, Belgaum 590 006
Copy to the Bank for information and needful actions has been sent earlier.
Copy to dignitaries with a prayer to help me in the matter.