SIKKIM STATE HUMAN RIGHTS

COMMISSION

SUBMITTED TO –
JUSTICE VIJAI KUMAR BIST, HON’BLE
CHAIRPERSON OF SSHRC

PRESENTED BY –
KISHORE KUMAR SARKAR
INSTITUTE –
INDIAN INSTITUTE OF LEGAL STUDIES, DAGAPUR,
SILIGURI.
COURSE – 5 YEARS, BA.LL.B
SEMESTER – X
ID NO. IILS1303
 ACKNOWLEDGMENT

The final outcome of this synopsis required a lot of guidance

and assistance from many people and I am extremely
privileged to have got this all along the completion of my
synopsis. All that I have done is only due to such supervision
and assistance and I would not forget to thank them.
I respect and thank the SSHRC authority for providing me an
opportunity to do the internship in the State Human Rights
Commission and giving me all support and guidance which
accomplished my objective and synopsis duly, although were
busy managing the state affairs.

Date: 19/05/2022
Name: KISHORE KUMAR SARKAR
 INDEX
CHAPTER: 1 Introduction…………………………………….
CHAPTER: 2 Payment of Gratuity Act, 1972………………..
CHAPTER: 3 Case Study…………………………………......
CONCLUSION……………………………………………......
 CHAPTER: 1
INTRODUCTION
Human rights are the basic rights and freedoms that belong to
every person in the world, from birth until death. They apply
regardless of where we are from, what we believe or how we
choose to live your life.
Human rights are rights inherent to all human beings,
regardless of race, sex, nationality, ethnicity, language,
religion, or any other status. Human rights include the right to
life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and
many more. Everyone is entitled to these rights, without
discrimination.
International human rights law lays down the obligations of
Governments to act in certain ways or to refrain from certain
acts, in order to promote and protect human rights and
fundamental freedoms of individuals or groups.
The foundations of this body of law are the Charter of the
United Nations and the Universal Declaration of Human
Rights, adopted by the General Assembly in 1945 and 1948,
respectively. Since then, the United Nations has gradually
expanded human rights law to encompass specific standards
for women, children, and persons with disabilities, minorities
and other vulnerable groups, who now possess rights that
protect them from discrimination that had long been common
in many societies.

CHAPTER: 2
 PAYMENT OF GRATUITY ACT, 1972
The Payment of Gratuity Act is a genre of various statutes like
the Minimum Wages Act, Employment and Social Policy, etc.
which is an extension of labour laws and it lays down the
minimum benefits to be provided to the employees. It is a
social security enactment providing for the welfare benefits of
the employees working in industries, companies and
organisations.
The Payment of Gratuity Act,1972 was enacted with sole
objective of providing gratuity i.e., a monetary award given
for services rendered to the employees working in the
factories, oilfields, mines, plantations, railway companies,
shops or other establishments upon their superannuation
(e.g.,old age retirement amount,etc.), retirement, resignation,
death or disablement. 
Continuous Service-
According to this Act, the continuous service means an
uninterrupted service during the employment period. This
includes the leave due to sickness, accident, lay off, strike,
etc. If the interruption is of six months or one year, then the
employee is not entitled to gratuity benefits. He/She should
have worked for at least 190 days in mine or coalfield like
establishment (where duration of work is only for 6 months)
and 240 days in other areas.
Five years continuous service: An employee to be eligible to
claim gratuity, should have worked with a particular employer
for at least five years (as per Section 10(10) of the Income
Tax Act).
 Section 2A of the Gratuity Act, states that ‘continuous
period’ shall also include the following:

If in case an employee is not in continuous service of one

year, he/she shall be deemed to be in continuous service of
one year if - he/she has, in immediately preceding twelve
calendar months, worked under the employer for not less than:
● 190 Days (in case of an employee employed in mines below
ground)
● 190 Days (in case if employee employed in an establishment
which works for less than six days in a week)
● 240 Days (in any other case)
If in case an employee is not in continuous service of six
months, he/she shall be deemed to be in continuous service of
six months if- he/she has, immediately preceding six calendar
months, worked under the employer for not less than:
● 95 Days (in case of an employee employed in mines below
ground)
● 95 Days (in case if employee employed in an establishment
which works for less than six days in a week)
● 120 Days (in any other case).

By continuous service for gratuity it is meant uninterrupted

service which may be interrupted due to accident, sickness,
absence for duty without any leave, leave, lay- off, lock-out,
strike or cessation of work (due to not any fault of the
employee) are considered as continuous service.

CHAPTER: 3
CASE STUDY
Case No. 1
SIKKIM STATE HUMAN RIGHTS COMMISSION
COMPLAINT CASE NO. 2 OF 2014
BIKASH SEWA
VS.
EXECUTIVE ENGINEER, SIKKIM INVESTIGATION
DIVISION.
Date of presentation: 6th November, 2014.
Date of Institution: 6th November, 2014.
Date of Disposal: 11th August, 2016.
FACTS OF THE CASE:
The complainant Mr. BikashSewa c/o, PravitraSewa, N.SS.O
(Office) Tadong, Gangtok, Sikkim, sent a letter dated 14-10-
2014 to the opposite party i.e. Sikkim Investigation Central
Water Commission, tadong, wherein it was stated that he was
appointed in the department on 1/3/2000 as a casual worker
but due to some unavoidable circumstance, he was compelled
to resign from service. He further stated that if his length of
service is counted from the date of appointment till the date of
acceptance of his resignation on 23/3/2011, he becomes
eligible to get gratuity in terms of memorandum no.
23/2/2005- Esstt. Dated 8/11/2005, by the ministry of water
resources, Govt. of India, New Delhi u/s 2(A) of Gratuity Act,
1972with interest @ 10% per annum. He further stated that he
had filed an application on 21/8/2014 but no fruitful result has
yielded out and he therefore, felt that his gratuity amount may
be released at the earliest.
JUDGEMENT OF THE CASE:
Executive Engineer, CWC, Sikkim Investigation Division,
Tadong informed the commission that case of payment of
gratuity to applicant was prepared and sent to Pay and
Accounts Office. It was decided that necessary clarification in
favour of applicant has already been given and bill of
applicant for payment of gratuity had been submitted to Pay
and Accounts Office.
After considering all facts and circumstances of the case and
submission of parties, it is clear that department has held that
the applicant is entitled to receive payment gratuity and
consequently, the bill of applicant was already prepared and
sent for payment.

Case No. 2
SIKKIM STATE HUMAN RIGHTS COMMISSION
 COMPLAINT CASE NO. 06 OF 2019
GANGA PRASAD SHARMA
VS.
THE SUPERINTENDENT OF POLICE, SOUTH DISTRICT
Date of presentation: 29th April, 2019.
Date of Institution: 29th April, 2019.
Date of Disposal: 29th May, 2019.

FACTS OF THE CASE:

The complaint under section 13(6) of the Protection of Human
Right Act 1993, was received from the NHRC, New Delhi
which is placed. The complainant GANGA PRASAD
SHARMA, r/o Balutar N.H.P.C., Singtam East Sikkim,
alleged that he along with his media partner, Mitra Lall
Sharma went to a place where forest department stopped JCB
to enter the area to cover the news as they entered one person
named D.K. Rai from Dalep South Sikkim accompanied by
other friends, snatched the complainants mobile phone,
money and threatened to kill them. The complainant also
stated that they were badly injured. Therefore the complainant
requested to take action against them.

JUDGEMENT
As the subject matter of the complaint was falling in the
state list. From the aforesaid complaint and report was
sought from the Superintendent of Police, South
District, Namchi. The S.I. further submitted the
requested reports and stated that the case was registered
in temi Police Station (Case No.– 13/2018).
The charge sheet was submitted in the court of Judicial
Magistrate, Yangang, South Sikkim and the said Case
was disposed by the court.
On perusal of the proceedings it was appeared that the
offences were compoundable and the parties has settle
the matter amicably. Further the court granted
permission to settle the matter and consequently, the
case was disposed off.
 CONCLUSION
Human rights are standards that recognize and protect the
dignity of all human beings. Human rights govern how
individual human beings live in society and with each other,
as well as their relationship with the State and the obligations
that the State have towards them.
Human rights law obliges governments to do some things, and
prevents them from doing others. Individuals also have
responsibilities: in using their human rights, they must respect
the rights of others. No government, group or individual
person has the right to do anything that violates another’s
rights. 
Human rights are drawn from various cultures, religions and
philosophies from around the world over many centuries. 
They are in force at all times and in all places. Human rights
protect everyone equally without discrimination according to
race, sex, religion, political opinion or other status.
Human rights are an important part of how people interact
with others at all levels in society - in the family, the
community, schools, the workplace, in politics and in
international relations. It is vital therefore that people
everywhere should strive to understand what human rights
are. When people better understand human rights, it is easier
for them to promote justice and the well-being of society.