Labour Law & Hr Consultant

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I had joined a "PSU under Ministry of Railways" in October 2015 as Assistant Manager (E2) on contractual basis (Regular Pay) in which I was able to draw the same Basic Salary, DA (IDA), Fixed Allowance, HRA, Telephone reimbursement and Vehicle Maintenance Allowance as drawn by Regular employees on the same scale and level.

In 2017, 3rd PRC was implemented and all the regular employees were given benefits of Revised pay scale from 1.01.2017. While for contract employees (on Regular Pay Scale), the PSU issued separate policy for pay revision and the rates of Fixed allowance were different from that of Regular employees and date of implementation was also from December 2017.

I want to know whether a PSU has such discrete powers of issuing discriminating policies for contractual employees (on Regular Pay Scale) or not?

Or DoPE has any guidelines for Contractual employees (on Regular Pay scale) ?

From India, New Delhi
Dear Abhinav,
The employment particulars furnished in your post indicate that you are a managerial or administrative or at the least a supervisory cadre employee and as such you are not eligible to get any redressal under the Labor Laws for the grievance mentioned.
However, since your employer happens to be a PSU under the Ministry of Railways, as a model employer, they have got the moral responsibility of implementing the principle of equal pay for equal work laid down by the hon'ble Apex Court constantly in its various judgments. That apart, equality in matters of conditions of service other than that of hire or fire is the common principle in respect of regular employees and contractual employees discharging the same or similar kind of duties. In my opinion, the failure to do so particularly by a PSU certainly raises a question of law and as such it can be categorically answered only by the higher judiciary.
Therefore, my suggestion is that you may move the High Court of the State under article 226 by means of a writ petition. It is better all the affected contractual employees like you join together in this endeavour. But, don't fail to approach the Board or CEO of the PSU first.

From India, Salem
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