Nearly three fold raise in gratuity ceiling-will it augur well or bode ill?

The literal meaning of gratuity is: something voluntarily given in return for favour or service, as a recompense or acknowledgment. It is paid in addition to salary, bonus, commission etc; when the employee leaves the service of employer. It is lump sum payment made based on the service of an employee either on retirement or death. It shows gratefulness and appreciation on the part of employer rewarding employee for hard work and also ensuring excellent service in future. Way back in 1968 the Supreme Court in Delhi Cloth and General Mills Company Ltd. said that the object of providing a gratuity scheme is to provide a retiring benefit to the workmen whop have rendered long and unblemished service to the employer and thereby contributed to the prosperity of the employer.

In industrial jurisprudence, however, it has been described as deferred wages. Before the enactment of Payment of Gratuity Act, 1972, its payment was very vague and uncertain. It has now to be compulsorily given. Like all other labour laws, it is also a social-welfare piece of legislation. The government has now decided to enhance the ceiling of gratuity for private sector employees from Rs.3.5 lakh to Rs. 10 lakh. The government has taken this decision with view to bringing parity with public sector employees, where the limit was already enhanced courtesy Sixth Pay Commission.

While this decision has brought cheers among many employees, it is bound to bring host of problems. The government says that in view of the erosion in the value of rupee, this increase is fully justified. Some say that it will slow down the attrition rate of employees but others hold the contrary opinion that it will further accelerate the problem. As on date Gratuity is payable on the completion of five years of continuous service. The service of five years shall not be necessary where the termination of the employment of any employee is due to death and disablement.

Of late, it is seen that young employees have developed the tendency of job hopping for better pastures. This is more in the field of Information Technology sector, which is expanding with break-neck speed. In other fields also the demand for deserving candidates has increased manifold. That is why; the enhancement of gratuity ceiling will hardly be any inducement for retaining the talented youngsters in one employment for five years. The concept of loyalty to any organisation has actually become the thing of the past. But then the other opinion is that almost threefold increase will work as glue for not so qualified employees and they will prove to be albatross in the neck of employers in order to avail the hefty amount of gratuity.

All said and done, the government seems to be completely oblivious of the trend sweeping across the world of leaving the matter of employment to employees and employers on themselves; and they should be allowed to go by the mutual agreement in this regard. This will keep the government and other players like; employees and employers free from unnecessary disputes and litigation. But will it think in that direction?

Crisis of Leadership in The Bar

By: Parmanand Pandey

Apart from being a festive season, it is also a season of elections in different Bar Associations of Delhi. The elections of Tis Hazari Bar Association, which is known as Delhi Bar Association will be held in the last week of October and that will be preceded by a week for the elections of Delhi High Court Bar Association. Immediately after DBA’s elections Rohini Bar Association’s elections are to be held. In the first week of December elections for Delhi Bar Council will take place for which the campaigning has reached feverish pitch.

Elections are like oxygen for any democratic organisation. They make an organisation lively, the flurry activities of the sitting office bearers and other contestants become conspicuous. For months together members are flooded with phone calls SMS’s and emails. Thanks to the technological revolution in the field of communication, letters have almost been done away with. SMS and sending of Emails have been outsourced. It is a completely disembodied affair. Many times senders do not know what message has been sent by them and to whom. Even person to person contact has been considerably reduced. It has albeit been replaced by the lavish dinner parties. There are many advocates who are enjoying this gala affair by attending these parties without any qualms for loyalty or support they extend to the candidates. During the day time, they will remain with one candidate but in the evening they will run for another candidate, depending on who is going to offer them good liquor and delicious food.

The tempo of elections reached the crescendo in the last week of pooling. Ultimately, the winner will not be a good candidate but who has the capacity to splurge. Exceptions are always there but there number is few and far between. But how such big resources are managed? Who is behind the funding? And if a candidate spends from his/her own pocket, what does he/she ultimately achieve by the elections? This is an enigma shrouded in the mystery.

Some say that winners make it a platform to develop intimacy with judges and convert it into the mutual benefits. Some say, it is used as leverage for climbing the political ambitions. Barring a few it is seen most of the candidates have hardly anything to do with the profession. They are found to be doing something like property dealing, running NGO’s other businesses, totally unrelated to the profession. The tag of ‘Advocate’ is used a shield to have some respectability in the society.

That is why; they (such advocates) have converted this profession into business. How to improve the skill of lawyering or how some facilities could be arranged to newcomers in the profession to hone their capacity or what are the new trends/winds blowing in the profession- theses things have no consideration in the elections of the Bars. How to protect the dignity of profession and further improve its prestige in the society do not carry any weight. They (candidates) are unconcerned about the tantrums of the judges. Code of conduct is ridiculed and derided day in and day out, the esteem of the profession is sliding in the society and its sheen or the lustre is fading -but they have no concern. The lofty profession, which once it was, is now being led by those who have no stakes. The irony is that law courses and curricula are being set or decided by those whose knowledge in the subject is next to nil.

Nobody can hope for any improvement unless serious, conscientious, ethically conscious and learned professionals come forward to take the lead.

Media Must Go For Self - Introspection

By Parmanand Pandey

Supercilious and self-righteous conscience keepers of media persons were up in arms when they learnt that the West Bengal police have arrested a top ranking Maoist leader from Lalgarh disguising as journalists. The policemen posed themselves as the correspondents of a foreign newspaper. They took the help of a local journalist to reach the Maoist leader.

The logic of media persons is that every profession has to observe certain codes of conduct which should not be encroached upon by other professionals for vested interests because that erodes the credibility of the profession. They say that the policemen have arrested the Maoist leader because the Media has credibility and it also shows that the police or for that matter the system of the state, has completely failed to do what it is expected to do. This puts a big question mark on the efficacy and the efficiency of the police and the state. This also shows that the police are still living in the era of feudalism and it has not evolved any sophistication in dealing with the new types of crimes. There can no two opinions that the system must grow to deal with and address to the problems of the people with minimum possible intrusion.

However, the question is whether media is justified in going overboard or it should do self-introspection on such occasions. Is it doing its work in a manner that is becoming of it or it is simply indulging into sanctimonious pontificating? No doubt sometimes grievances of media are genuine but many times it is seen that creates unnecessary hullabaloo. It has often been seen that media cries wolf to create the protective shield around it, so that nobody could think of even questioning its modus operendi and modus vivendi.

Despite proverbially short memories people might not have forgotten the employment of prostitutes for conducting sting operation by Tehlaka. Media had unabashedly justified the use of sluts and floozies for, what it considers a right cause. So, what if the policemen disguised themselves as journalists to catch hold of a dreaded dacoit or a naxalite leader who is responsible for death of so many and destruction of properties? Will any body mind if the police arrest terrorists who were planning to blow up a bus, train or plane? In fact, the police would be patted by every section of society for its efficient handling.

After all, journalists have been used as spies by various secret agencies in the world. If journalists themselves are prepared to work as agents for politicians and foreign investigating agencies, then heaven would not fall if policemen did a commendable job by arresting a person, who was wanted by the police for the quite long time and was giving the slips by terrorising the local people.

Not long ago, there was story in the Times of India when journalists drove on a motorcycle in restricted areas in the guise of policemen just to prove that the security was not in place even in the VIP localities.

It is very strange that the media cries hoarse and throws up the question of integrity and reliability but it has never bothered to see that it has become the haven of all sorts of pimps, bootlickers, bootleggers and sycophants. The general perception about journalists has gone down to the lowest ebb. It is said that journalists are saleable and anything can be published or broadcast by paying money to them.

Moreover, media have hardly had any concern for the social issues and it can be vouchsafed by reading the newspapers and watching the TV channels. Smugglers, black marketers, brick kiln owners, dishonest builders and businessmen have taken it as any other business and launched newspapers and channels. Journalists are ready to work for them on hire but surprisingly they become didactic and deliver homilies when it comes to telling others- what to do and not to do. Many thieves, pickpockets, unscrupulous suspects and criminals have got emblazoned ‘press’ on their vehicles and they masquerade as journalists among authorities for earning money by touting. This all is done in day-light but entire journalist community remains blind to it. How sad it is! In fact, media have no moral right to take umbrage on West Bengal police donning the garb of journalists to arrest an ideological rogue. If it wants to regain its image and credibility, it has to go for its own catharsis and cleansing. Will the employee journalists behaving like high priests of media wake up to reform themselves?

Justice Dinakaran Must Stay Away From Judicial Work

By Parmanand Pandey

The way Justice P.D. Dinakaran, the Chief Justice of Karnataka High Court is trying to give the caste and communal colour to the opposition of his elevation to the Apex court is indeed very sad and tragic. What is all the more disturbing is that the reaction of National Commission for Scheduled Castes and Scheduled Tribes over this issue, which by stretch of imagination is very nasty, ugly, stinking and in bad taste.

Corruption is like a cancer. We may believe or not, it has spread to the entire polity of the Indian state. However, it is quite satisfying that people have very high expectations from the judiciary. But it gets dashed when they come to know that those who are appointed to the high posts of judges are not above board. One of the former Chief Justices of India, Justice Bharucha was on record that 20 per cent judges in the country were corrupt. This was obviously an understatement; the figure must be quite high. Assuming that only One-fifth of the judges are vulnerable to corruption, the figure is very alarming. This means that the justice in sensitive cases is traded off by these judges.

Justice P.D. Dinaparan is one of the five judges, who have been recommended by the collegium for the appointment of judges, for his elevation to the Supreme Court. When this news became public, many senior lawyers and Bar Associations were aghast to learn it. They immediately protested that a person of dubious integrity like Dinakaran should not be let to hold the very high office of the Apex Court judge. In all fairness, Justice Dinakaran, who is even today holding very high office of the Chief Justice of Karnataka High Court should have offered himself for investigation or scrutiny till the he was cleared of all doubts but unlike a transparent judge and more like a petty politician he started justifying his ill-acquired wealth, mostly in the form of landed property.

The height of his audacity was when he said that he was being targeted because he belonged to Schedule Caste and those opposed to his elevation were from upper castes. First of all, it should be noted that those who aired their opposition to his elevation are very senior jurists of impeccable integrity and they are head and shoulder above the contemptuous considerations of caste. Secondly, many of them do not belong to the rigid caste system of the Hindu religion. Thirdly, why does Justice Dinakaran forget the fact that he owed his chief justice ship of the High Court more to his being of Schedule Caste than to his scholarship or learning or brilliant advocacy? Fourthly, his claim of being rich from the beginning should be taken with a shovel of salt because; it is difficult to find a person belonging to the depressed section of the society of being such a big landlord as he claims to be that too; in the area from where he had not earlier connection. Perhaps, Justice Dinakaran does not know that by adopting such postures he is doing incalculable damage to the schedule caste, which he belongs to. The name of the present Chief Justice of India, Shri K.G. Balakrishnan, is also unnecessarily being dragged into the controversy because the present CJI who although belongs to the Scheduled Caste yet there is not an iota of doubt that he has come to occupy this high post only and only on the basis of the merit.

The statement that has been issued by the National Commission of Scheduled Caste and Scheduled Tribes shielding Justice PD Dinakaran is very unfortunate and deprecating. Shockingly, the present Chairman of the Scheduled Castes and Schedule Tribes is Shri Buta Singh, whose corruption stinks to high heaven. By issuing such statement he wants to put veil on his own neck-deep corrupt activities. Meanwhile, it will be good in the interest of judiciary if justice Dinakaran opts out on his own from his elevation and keeps himself away from performing judicial work in the High Court of Karnataka till all doubts about him are not cleared. However, if he does not do so, then his appointment should be cancelled. In order to have the faith of the people in the judiciary there ought not to be any compromise on the matters related to corruption. What should be the process of appointment of judges and how to select incorruptible judges, whether collegium system has failed or National Judicial Commission will be a foolproof system?-I will write on these issues in my next post.

Making Farce of Democracy

By Parmanand Pandey

Tragic death of Andhra Pradesh Chief Minister Y.S. Rajshekhar Reddy in a chopper crash on the hills of Nalla malla is sad, very sad; but the political drama that has started even before the charred body of the late YSR was laid to rest is a sadder event. It is reported that 148 out of 170 Congress MLA have already signed on a letter of allegiance for Shri Jagan Reddy, son of the late Shri Y.S. Rajshekhar Reddy. The way these MLAs lost no time in expressing their fealty to young Jagan Reddy is certainly a matter of grave concern for the democracy because the army of sycophant MLAs of Andhra Pradesh have not left any to make a farce of it.

It is our culture not to speak ill of anybody after his/her death but YSR was not anybody. He was a public figure and he cannot be spared from critical appraisal. There is hardly any doubt that he was a dynamic leader bubbling with energy and innovative ideas. But at the same time, there can be no denying that the public perception about him was of a corrupt leader. He grabbed scores of acres of government land and converted it into his private farm. He promoted the lobby of realtors and within a brief span of two-three years made his son a media baron. Jagan Reddy is now a Lok Sabha member for the last four months, courtesy his father. Politically he is a novice but he has deep connections with the corrupt business lobby of Andhra Pradesh and the same lobby is rooting for him to maintain at least the status quo, if not going beyond his father in showering favouritism on property dealers.

We can only hope that the present leadership at the centre will not allow making the joke of democracy by anointing Jagan Reddy as the Chief Minister of Andhra Pradesh. Such things do not happen with such brazenness even in feudalism as it is happening in Andhra Pradesh.

This flattering of MLA’s will bring ignominy not only to Andhra Pradesh but to the whole country. One cannot expect Jagan Reddy to put a stop to this shamelessness but the Congress High Command ought to take action against those MLAs who are orchestrating for making Jagan Reddy, a tainted media baron as the Chief Minister, whose biggest qualification is that he controls purse strings. Let us see what happens?

Need for formidable and unfettered media

By Parmanand Pandey
Among the many roles that the media has to play is the building of a just and egalitarian society with emphasis to inclusive growth. It has not only to serve as the mirror of society-be it good, bad, ugly or beautiful as is often stated by some people. It has to see that the perpetrators of atrocities on weak and humble do not go scot-free, that the corruption is banished, if not completely at least in good measure, that iniquitous administration of justice and governance and distribution of wealth is got rid of, that the gender bias is removed etc.

It may be recalled that the Press played a remarkable role during the freedom struggle. After independence every thing changed radically. Technology rightly got the place of pride. The shape and presentation of the news and views got metamorphosed. Television and Internet appear to be ultimate revolution but it will continue to amaze as this is an on-going process. One gets awestruck with virtually mind-blowing changes. Such changes brought about courtesy science and technologies are always welcome.

Here, however, the question remains, how for the media has been able to achieve its cardinal goal of improving the lot of the people? Why there is so much cynicism among the people about the media. There can be hardly any doubt that media is a sine qua non in a democratic set up. It is unthinkable to have a democratic system without free media. Robust democracy ensures free media and vice versa.

It will be pertinent mention here that there has not been seen any devastating famine in India after independence, thanks to free and watchful media. It has always kept the government on toes as and when such situations arose. Recently there have been some deaths of farmers particularly in Maharashtra. But visualise a scene if media had not been free and vigilant. The death toll of scores of farmers would have gone unnoticed and the government must have remained sleeping. However, the sustained reporting of suicides of farmers in print and electronic media kept the government alert and careful forcing her to swing into action to save the lives of precariously placed farmers.

Media has done laudable works during natural calamities; be it floods or droughts or earthquakes. The promptness of media reporting of such matters brought Godspeed in the relief and rescue operations.

Many sting operations that were carried out particularly by the electronic media have rendered yeoman service in cleansing the society. Nobody could have thought of any action to be taken against corrupt Members of Parliament if they had not been caught on TV cameras taking money for asking questions in Parliament.

Believe it not, corrupt politicians and bureaucrats shudder to take bribes not because their hearts have been changed but because of the fear of the media. Let me hasten add, this does not mean that the bribery has been rooted out; in fact, it has increased at many places but it is no longer as openly and blatantly as it used to be in the pre-TV days. Needless to say, Media has significantly awakened the people against the social evils like; dowry, child marriage, bride burning, fossilised caste-ism or religious bigotry. What the police and administration have failed to do, that has commendably been done by vigilant media to curb and control the communal riots and fake encounters. Only two decades ago when media was not so strong the police used to often resort to barbaric methods but that has been reduced to a large extent and the credit must be given to Media only for its salubrious impact. Having said it all, it will be virtually losing sight of the fact that the media has also played very negative and destructive roles. It has done incalculable damage to some innocent people, in particular and also to the society in general with its nonchalant, irresponsible, callous and apathetic behaviour. Uma Khuran’s case is a glaring example. The image of the poor school teacher was tarnished beyond repair due to irresponsible media.

Kargil war was perhaps the first war that was fought in media glaze. It had the desired effect on the psyche of the people. Armed forces were praised, honoured and awarded across the board primarily because of the media. The feeling of patriotism and nationalism overpowered the people. But on the other hand it during the Kandhar crisis its role was very negative. The media had, for all practical purposes, capitulated the government of India forcing her to take the shameful decision of surrendering the hardened terrorists for securing the release of 198 passengers and crews of the hijacked plane IC 814. The accusations made by some people against media persons of indulging into blackmailing are also not without weight and substance. The media must look into it without inviting any interference from the Government.

The last two decades have seen the immense growth of media during the last two decades. And in the days to come, it will, undoubtedly, become more formidable. It is in the interest of the society that the media remains absolutely free from the shackles of the unscrupulous and selfish business houses as well as blackmailing journalists. It is not exaggeration to say that the formidable and unfettered media will enormously help in building the healthy society and a strong nation than all other constitutionally recognised organs of the State put together.

Gutter language of Rita Joshi has shamed all

By Parmanand Pandey

One would be dumbstruck to hear the language of Ms Rita Bhaguna Joshi, the Chief of Uttar Pradesh Congress Committee that she used against the U.P. Chief Minister Mayawati while addressing the meeting of Mahila Congress Workers in Moradabad. She said that ‘It is shameful that the U.P. Chief Minister is doling out Rs two lakh to the victims of rape.’ There is nothing wrong to this extent but what she said after this was enough to shame and benumb any civil society. In her simulated rage she went on ‘I say these women to throw that amount at the face of Mayawati. I will pay Rs.one crore to Mayawati as compensation if she is raped.’ Some were wonderstruck whether this gutter language was coming from the mouth of the UPCC Chief but then some were there who clapped in applause. Rape is, no doubt, a ghastly crime. It kills a woman every day that she lives. No amount of compensation will wipe out her mental agony and pain. But then that is not the issue being discussed here. The point in consideration is the type of political leaders we have, who have no qualms, shame or guilt in stooping down to the bottom of vulgarity.

Ms Joshi is the daughter of the late Hemwati Nandan Bahuguna, who was an illustrious leader of the country. Late Bahuguna had fought for the freedom of the country. While he was studying in Allahabad University, he was a regular visitor to Ananad Bhavan, which was a hub of freedom-activities. He was jailed for quite long time and as a result of it, he could not complete his formal university education but he shaped up a formidable, dignified and visionary leader of the country. He rose up to the level of the Deputy Prime Minister of India.

Shri Bahuguna started his career as a trade unionist and was the leader of the Rickshaw Union of Allahabad. His concern for poor and deprived sections of the society was clear and obvious. He was one of the most beloved Chief Ministers of Uttar Pradesh and always espoused progressive and secular politics. He wanted that poor people, particularly those belonging to Scheduled Castes and Scheduled Tribes must get major say in the governance and the administration of the country. He was removed from Chief Ministership of Uttar pradesh in the heyday of the Emergency. That again shows that he was feeling suffocation during the Emergency and had become persona non grata for the coterie that was dictating everything during the Emergency. This was the reason that immediately after the Emergency was lifted he teamed-up with Babu Jagjivan Ram, the other disgruntled Congressman, who was, undoubtedly, the tallest Dalit leader in those days and formed a new party-Congress for Democracy. This party played very important role in unseating the Congress Party from power.

It is necessary to say all these things because one expects that Ms Rita Bahuguna Joshi must have been tempered with the political training of her not-so-ordinary father. Apart from it, Ms Joshi is a Post-Graduate in History and she has also earned her Ph.D. in the same subject. By any reckoning she is qualified enough to set the trend of decent politics. The politics, in today’s environment, has become the calling of the lumpens, who are devoid of any ideology, whose only aim is to make money, bully others, bend and break the rules and laws ,to enjoy the fruits of power by grabbing or usurping it by adopting all crook means. Coming from a political family and being a highly educated person, as Ms Joshi is, her fault or indiscretion becomes doubly serious, reprehensible and deplorable, which deserves to be roundly condemned by one and all.

What Mayawati is doing in Uttar Pradesh is egregiously wrong and nobody in his/her senses would countenance her megalomaniac activities. She is behaving worst than a tin-pot dictator but then that is a different matter. And that does not justify even a wee bit what Ms Joshi has slandered about her.

Ms Joshi appears to be blissfully ignorant of the fact that Mayawati is providing compensation to the rape victims as per the provisions of a Central Act. One can safely say that if Mayawati had to give it her own, she would not have given a single penny.

Being a woman, Ms Joshi was also expected that she would not use such obscene language for a women politician, who is occupying the high post of the Chief Minster of an important State, which has produced number of tall politicians from its cauldron. Mayawati, it can be said without doubt, is not fired with any political, economic or social ideology, which can take the State out of political marsh or quagmire. She is virtually an illiterate woman (though she is a Law Graduate) known for her uncouth and brusque style of functioning. She lives on an emotive issue of ‘Dalit ki beti’. Although the people are slowly realising her gimmicks and that was why; she got a sound drubbing in the recently concluded Lok Shabha elections. She has realised that earth beneath feet is drifting very fast. Developmental activities in Uttar Pradesh have virtually come to a naught. She indulges only into rabid caste politics and outsmarts even Mulayam and Lalu. She thinks that bullying is a good tactics. The number of takers of her politics is fast dwindling because people have seen through it.

Needless to say that nobody can beat Mayawati as far as foul language is concerned. Such type of language coming from the Opposition Parties suits Mayawati as has gained expertise in using it in her favour. Sabji Mandi language is not the reply to Mayawati’s anti-people policies. She has to be opposed politically and ideologically. Alas! Rita Joshi has miserably failed. Any sympathy to her will be misplaced and would not auger well for the state, country and politics as well. No tears should be shed for Ms Joshi. Her jail term could have served a salubrious and fitting lesson to all politicians but that that could not happen as she is out on bail.