Professional Documents
Culture Documents
Cat Punjab On Gds Bonus Ceiling
Cat Punjab On Gds Bonus Ceiling
CAT ORDERED THAT THE GDS ARE ENTITLED FOR 3500/- PLB
AND ANY RECOVERY MADE FROM GDS SHALL BE REFUNDED
WITHIN ONE MONTH
The judgment:-
O.A NO.256/PB/2009
1. All India Postal E.D. Employees Union, (Pb. Circle Amritsar through
Sh. Lakhwinderpal Singh, Circle Secretary.
……………Applicants
Versus
ORDER
This Application has been filed by the All India Postal E.D.
Employees Union through its Circle Secretary Sh. Lakhwinder Singh,
and two other bearers of the Union. Their grouse is that the
respondents are making recovery of the Productivity Linked Bonus
('PLB' for short) paid to EDDAs for the years 2006-07 and 2007-08 in
view of the order at Annexure A-1 dated 9.2.2009. They have,
therefore, prayed for quashing of Annexure A-1 and for a declaration
that the applicants are entitled to grant of PLB as before without any
discrimination.
The respondents have a reply, stating that the GDS employees are
not entitled to Productivity Linked Bonus. However, they were being
paid bonus in the shape of Ex-gratia. Consequent upon amendment
to payment of Bonus Act 1965, the ceiling of amount was earlier
revised from 1600-2500 and in October,2008 is was revised from
2500-3500 only for Central Govt. employees and not for Gramin Dak
Sevaks, who cannot claim themselves at par with Central Govt.
employees. However, payment of Ex-gratia at revised rates for the
years 2006-07 and 2007-08 was inadvertently made to GDS working
in Chandigarh and Honshiarpur Postal Divisions in the month of
November/December, 2008. On receipt of various references, the
Postal Directorate New Delhi clarified vide Annexure A-1 that the
orders of Ministry of Finance dated 10.10.08 are applicable to
eligible Central Government departmental employees only. On
receipt of this clarification, recovery of overpaid ex-gratia was
ordered to be recovered in Chandigarh and Hohsiarpur Divisions. In
Amritsar Postal Division, Ex-gratia was not paid on the revised rates;
hence no orders have been issued for any recovery. The
respondents have justified the recovery of overpaid amount of ex-
gratia.
We have heard the learned counsel for the parties and given our
thoughtful consideration to the matter.
It is admitted case of the parties that GDS employees have all along
been paid ad hoc bonus at the same rates, PLB is paid to the Central
Govt. employees. Through letter dated 10.10.2008 (A-5), Ministry of
Finance, Deptt. of Expenditure, New Delhi revised the calculation
ceiling for various employees w.e.f. 1.4.2006 i.e. from the year
2006-07 as under:
Calculation ceiling
Existing Revised
¼emoluments)
No costs.