Umakanthan53
Labour Law & Hr Consultant
Gannahope
Deputy Commissioner Of Labour..a.p.

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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
Dear Abhinav
In your case , please check Terms of your appointment and Service conditions. Also please check the Ministry of Railways' rules/notifications with regards to Contractual manpower.
Hope, the new Labour Code will being some hope
Regards
Shailesh Parikh
99 98 97 10 65
Vadodara

From India, Mumbai
Ya this is trivial query. Different aspects involved in this. First you are appointed on contract basis whatever the Designation may be.
In your appointment time your payscales are whether followed as per 2nd pay scale implemented to yours designation of contract labour.
Usually any Govt. Institution separately issues payscales for contract labour working under them. Usually 3PRC OR ANY P. R. C GENERALLY NOT SUPPOSED TO RECOMMENDS OR SUGGESTS TEMPORARY EMPLOYEES PAY HIKES.
IT WILL ADD A NOTE THAT THE CONCERNED PSU s are MAY at liberty to follow the above PRC SCALES AS PER THEIR NECESSITIES. SOME TIMES GOVT. OF. INDIA ISSUES A SEPARATE G. O. ON CONTRACT EMPLOYEES SALARY HIKES TO BE FOLLOWED BY ALL EXISTING CENTRAL GOVT
. P. S. Us..
SO IF THE CLARITY OF YOUR POSITION I MEAN THE SALARY DETAILS MATCHED WITH SECOND PRC YOURS APPOINTMENT NORMS WILL DECIDE THE NEW HIKE.
GENERALLY WAIT FOR SOME MORE TIME AS RLY EMPLOYEES UNIONS ARE VERY TOUGH AND ACHIEVE ALL THE BENEFITS OF 3PRC MAYBE IMPLEMENTED TO CONTRACTUAL EMPLOYEES ALSO SOON By P. S. Us. Bring the issue to the notice of unions also.
IF NOT CHECK YOURSELF AND APPROACH.
ALL DISPUTES AT ANY CADRE ARE DULY GENERALLY ATTENTED BY CENTRAL LABOUR DEPARTMENT AT
A. L. C. ASST. LABOUR COMMISSIONER AT ZONAL LEVEL OF YOUR AREA. NOT BY STATE GOVT LABOUR DEPT.
ALL THE BEST. SIR.

From India, Nellore
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