Delay in the consideration of application in the court
The company in which I was working had a wage revision for employees (workmen) due from 01/01/2012, but it was not implemented until the year 2017. During this period, some workmen were promoted to the Supervisory grade with their basic pay fixed by giving one increment in the existing pre-revised scale of Non-Unionized Supervisors/Executives from 2012 to 2017 without any conditions, such as regular promotions. Following the wage revision of the workmen, the basic pay of the promoted workmen was also adjusted according to the Memorandum of Understanding/Memorandum of Settlement entered into with the workmen's union, and the arrears were paid up to the date of the promotion.
However, the basic pay of the employees who were promoted was significantly reduced, citing an anomaly, and the management categorized the guaranteed benefit agreed in the Memorandum of Understanding as Personal Pay (without affecting any benefit to the Personal Pay) and assured that the Personal Pay retained would be adjusted in the Executives' wage revision from 01/01/2017. Due to this, no employee raised any concerns, assuming that the issue would be resolved as per the earlier undertaking. The Executive wage revision from 01/01/2017 was eventually implemented in the year 2019 (October). Since the 10% Personal Pay agreed to be adjusted in the Executive wage revision was not considered for calculation purposes and was nullified (the 10% Personal Pay paid from Jan 2017) was also deducted from the arrears amount. Meanwhile, an employee lodged a complaint with the management in November 2019, requesting a resolution of the issue dating back to 2014. However, despite this representation, the management of our company disregarded the grievance and ignored the matter.
Subsequently, a legal notice was issued, and a negative response was received. Following this, the employee sought redress in court, where the application was dismissed due to delay (as the employee was seeking benefits from 2014 and made a representation in 2019). Can anyone please advise us on how to seek justice in court? The aggrieved employees.
From India, Hubli
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The company in which I was working had a wage revision for employees (workmen) due from 01/01/2012, but it was not implemented until the year 2017. During this period, some workmen were promoted to the Supervisory grade with their basic pay fixed by giving one increment in the existing pre-revised scale of Non-Unionized Supervisors/Executives from 2012 to 2017 without any conditions, such as regular promotions. Following the wage revision of the workmen, the basic pay of the promoted workmen was also adjusted according to the Memorandum of Understanding/Memorandum of Settlement entered into with the workmen's union, and the arrears were paid up to the date of the promotion.
However, the basic pay of the employees who were promoted was significantly reduced, citing an anomaly, and the management categorized the guaranteed benefit agreed in the Memorandum of Understanding as Personal Pay (without affecting any benefit to the Personal Pay) and assured that the Personal Pay retained would be adjusted in the Executives' wage revision from 01/01/2017. Due to this, no employee raised any concerns, assuming that the issue would be resolved as per the earlier undertaking. The Executive wage revision from 01/01/2017 was eventually implemented in the year 2019 (October). Since the 10% Personal Pay agreed to be adjusted in the Executive wage revision was not considered for calculation purposes and was nullified (the 10% Personal Pay paid from Jan 2017) was also deducted from the arrears amount. Meanwhile, an employee lodged a complaint with the management in November 2019, requesting a resolution of the issue dating back to 2014. However, despite this representation, the management of our company disregarded the grievance and ignored the matter.
Subsequently, a legal notice was issued, and a negative response was received. Following this, the employee sought redress in court, where the application was dismissed due to delay (as the employee was seeking benefits from 2014 and made a representation in 2019). Can anyone please advise us on how to seek justice in court? The aggrieved employees.
From India, Hubli
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Clarification on the 2014 Anomaly Start Date
The relevance of 2014 as the start date of the anomaly is not clear. Is it the date of promotion to Supervisor Grade? Presuming it to be, the issue is addressed as follows:
1. Appeal for Delay in Court Conclusion
As for the delay, the conclusion of the court can be challenged on appeal, as these are continuing causes of action and they get revived with every salary paid. You can take up the matter in appeal proceedings, but perhaps you require a more learned counsel to represent the case in your favor.
2. Merits of the Case
As for the merits, it does not appear to be a strong case. Upon promotion to the Supervisor grade, you became a separate class, and you cannot equate yourself with your earlier colleagues remaining in the workmen category. It appears that the wage revision for the non-unionized category of supervisors and executives was carried out as per the government guidelines in this regard, and the legal principle is settled that the courts will not sit in appeal over such decisions unless there are palpable maladies involved. On refixing pay in the revised pay scale, the merger of PP on wage revision is a normal process, and PP is not carried forward as a general practice. From personal experience, it can be said that it doesn't appear to be vitiated. There are Supreme Court judgments that wage revision and wage fixation are specialized functions, and the courts should be reluctant to interfere in them.
You can make a decision on further legal proceedings considering both aspects. However, the suggestion is that:
From India, Mumbai
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1593The relevance of 2014 as the start date of the anomaly is not clear. Is it the date of promotion to Supervisor Grade? Presuming it to be, the issue is addressed as follows:
1. Appeal for Delay in Court Conclusion
As for the delay, the conclusion of the court can be challenged on appeal, as these are continuing causes of action and they get revived with every salary paid. You can take up the matter in appeal proceedings, but perhaps you require a more learned counsel to represent the case in your favor.
2. Merits of the Case
As for the merits, it does not appear to be a strong case. Upon promotion to the Supervisor grade, you became a separate class, and you cannot equate yourself with your earlier colleagues remaining in the workmen category. It appears that the wage revision for the non-unionized category of supervisors and executives was carried out as per the government guidelines in this regard, and the legal principle is settled that the courts will not sit in appeal over such decisions unless there are palpable maladies involved. On refixing pay in the revised pay scale, the merger of PP on wage revision is a normal process, and PP is not carried forward as a general practice. From personal experience, it can be said that it doesn't appear to be vitiated. There are Supreme Court judgments that wage revision and wage fixation are specialized functions, and the courts should be reluctant to interfere in them.
You can make a decision on further legal proceedings considering both aspects. However, the suggestion is that:
From India, Mumbai
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Promotion to Supervisory Grade: Can Basic Pay Be Reduced?
My question is regarding promotion to the supervisory grade: Can the basic pay of an employee be reduced citing the reason of anomaly? The basic pay is hard-earned money and not a gifted one. I agree that a workman comes under the Standing Order, and Supervisors & Executives come under Service Rules. The wage revision due in 2012 took place in 2017, and as per the Office Order issued, the management agreed to adjust the Personal Pay (PP) in the next wage revision due from January 2017. However, the same was not done again, citing the reason of anomaly. The delay in making representation is because of the Office Order. Due to the reduction in basic pay, there was a significant loss in monthly earnings, including HRA, DA, and perks. Just because we were promoted from the workmen category to the supervisory category, can the basic pay be reduced? The usual practice on promotion is to give one additional increment to the existing basic pay and fix the basic in the next scale.
Delay in Making Representation: Can the Court Consider This?
The delay in making representation is due to the delay in implementing the 2012 workmen wage revision in 2017 and the executive wage revision due in 2017, implemented in 2019. Can the court consider this reason for condoning the delay? Please clarify.
From India, Hubli
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My question is regarding promotion to the supervisory grade: Can the basic pay of an employee be reduced citing the reason of anomaly? The basic pay is hard-earned money and not a gifted one. I agree that a workman comes under the Standing Order, and Supervisors & Executives come under Service Rules. The wage revision due in 2012 took place in 2017, and as per the Office Order issued, the management agreed to adjust the Personal Pay (PP) in the next wage revision due from January 2017. However, the same was not done again, citing the reason of anomaly. The delay in making representation is because of the Office Order. Due to the reduction in basic pay, there was a significant loss in monthly earnings, including HRA, DA, and perks. Just because we were promoted from the workmen category to the supervisory category, can the basic pay be reduced? The usual practice on promotion is to give one additional increment to the existing basic pay and fix the basic in the next scale.
Delay in Making Representation: Can the Court Consider This?
The delay in making representation is due to the delay in implementing the 2012 workmen wage revision in 2017 and the executive wage revision due in 2017, implemented in 2019. Can the court consider this reason for condoning the delay? Please clarify.
From India, Hubli
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PAY Fixation 2017 Calculator.xls
Pay fixation.doc