Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Srinath Sai Ram
Better you could have given the extract of the operative portion of the orders of punishment for the sake of readers' clarity of understanding. Well, the punishment is " Reduction by three stages for three years with cumulative effect from 03-03-2017". As the said punishment is reduction to a lower scale of pay by three stages for a period of three years, it means the employee would be at the reduced scale for three years from 03-03-2017 to 02-03-2020 without annual increments. Because of the cumulative effect of the punishment, he is eligible to draw his next increment from the reduced stage only after 02-03-2020. Since his normal increment falls in the first quarter of every year, i.e., during the period from January1 to March31 and the punishment being reduction to lower scale by three stages and not stoppage of three consecutive increments, there would be no change in the quarter of sanction of normal increment for the year 2020 but its monetary effect would be from 03-03-2020 onwards.
19th November 2017 From India, Salem
You may consider this case, either as the terms of 'Employment" or as per standing orders as applicable to the employee.
The fact of the case is given incomplete. If you may provide more facts then we may give better advise.
V K Sharma
19th November 2017 From India, Delhi
20th November 2017 From India, Mumbai
I just had read here a Supreme Court Judgement that "no sympathy be shown in case of misappropriation of fund at work place". IF that be the reason my comments here stands withdrawn.
As I do not want to presume any further, I would request for the "Crime" for the prescribed "Punishment"
21st November 2017 From India, Pune
This is in response to your reply dt 19-11-17. The replies of the various members responded to your query so far might show you the clarifications they need further. With due respect to them, I infer that this is a case of punishment awarded to an industrial employee either governed by the Standing Orders certified under the IE(S.O) Act,1946 or the service regulations under the contract of employment is the presumption prevailing in their minds. But my inference from your original query is that it is a case involving a Central/State Govt employee governed by the Civil Services ( Discipline)Rules or an employee of a quasi-Government Organization. That's why I generally insist that every query relating to disciplinary action on employees should always contain the relevant particulars like the type of the organization, employee classification, his salary or pay scale, nature of misconduct, Rules under which disciplinary action was taken and punishment awarded and so on.
21st November 2017 From India, Salem
In the case of 'stoppage' of increments with cumulative effect, it is very clear that he will start getting increments from 2020 and that also from the pay that he is getting now. Had it been stoppage of increments 'without' cumulative effect he would have received all the three increments not paid to him in 2017, 18 and 19 in 2020 and there would not be any loss to him other than the marginal loss by way of other components of salary which are percentages of the basic salary and the implied interest on the amounts.
Reduction to a lower grade itself is a major punishment and when there is a cumulative effect by which the employee will start getting his increment from the reduced scale only after three years, the gravity of punishment will become more.
For an academic interest we may go through the attached Supreme Court verdict in Punjab State Electricity Broad Vs Raj Kumar Goel.
Madhu T K
22nd November 2017 From India, Kannur
I fully endorse your view point as far as it relates to the punishment of reduction to a lower grade of pay/rank. But, here it is " reduction by three stages for three years with cumulative effect " effective from 03.03.2017. That implies that reverting back to the third lower stage in the same scale of pay and remaining at that stage continuously for a period of three years. So, there comes an automatic bar on increments during the entire stretch of the afore-said three years starting from 03.03.2017 because of the cumulative effect. Please ponder over and correct me if I were wrong.
22nd November 2017 From India, Salem
23rd November 2017 From India, Mumbai