Delay con - donation of application in the court
The Company in which I was working the wage revision of employees (workmen) was due from 01/01/2012, but it was implemented in the year 2017. In the meantime, some of the workmen were promoted to Supervisory grade fixing their basic by giving one increment in the existing pre-revised scale of Non-Unionized Supervisors/Executives from 2012 till 2017 without any conditions i.e., regular promotions. Consequent upon the wage revision of workmen, the basic pay of those workmen promoted was also fixed as per MoU/MoS entered into with the workmen union, and the arrears were also paid till the date of the promotion.
However, the basic pay of employees who were promoted was drastically reduced citing the reason of anomaly and the management kept the guaranteed benefit agreed in the MoU as Personal Pay (without effecting any benefit to the PP) and gave an undertaking that the PP kept will be adjusted in the Executives wage revision from 01/01/2017 due to this no employee made any representation, thinking that issue will be resolved as per the undertaking given earlier. The Executive wage revision from 01/01/2017 was implemented in the year 2019 (October), since the 10% PP agreed to be adjusted in the Executive wage revision was not taken for calculation purpose and was nullified (the 10% PP paid from Jan, 2017) was also recovered from the arrears amount, in the meantime, an employee made a representation to the management during Nov 2019 requesting them to solve the issue w.e.f 2014, however, the management of our Company did not bother to hear the grievance and kept a deaf ear on the issue.
Due to this a legal notice was issued and a negative reply was received and after this, the employee approached the court, now the court has dismissed his application citing the reason of delay (as he is claiming the benefits from 2014 and made a representation in 2019), now could anyone please advise us how to get justice in the court. Aggrieved employees.
From India, Hubli
The Company in which I was working the wage revision of employees (workmen) was due from 01/01/2012, but it was implemented in the year 2017. In the meantime, some of the workmen were promoted to Supervisory grade fixing their basic by giving one increment in the existing pre-revised scale of Non-Unionized Supervisors/Executives from 2012 till 2017 without any conditions i.e., regular promotions. Consequent upon the wage revision of workmen, the basic pay of those workmen promoted was also fixed as per MoU/MoS entered into with the workmen union, and the arrears were also paid till the date of the promotion.
However, the basic pay of employees who were promoted was drastically reduced citing the reason of anomaly and the management kept the guaranteed benefit agreed in the MoU as Personal Pay (without effecting any benefit to the PP) and gave an undertaking that the PP kept will be adjusted in the Executives wage revision from 01/01/2017 due to this no employee made any representation, thinking that issue will be resolved as per the undertaking given earlier. The Executive wage revision from 01/01/2017 was implemented in the year 2019 (October), since the 10% PP agreed to be adjusted in the Executive wage revision was not taken for calculation purpose and was nullified (the 10% PP paid from Jan, 2017) was also recovered from the arrears amount, in the meantime, an employee made a representation to the management during Nov 2019 requesting them to solve the issue w.e.f 2014, however, the management of our Company did not bother to hear the grievance and kept a deaf ear on the issue.
Due to this a legal notice was issued and a negative reply was received and after this, the employee approached the court, now the court has dismissed his application citing the reason of delay (as he is claiming the benefits from 2014 and made a representation in 2019), now could anyone please advise us how to get justice in the court. Aggrieved employees.
From India, Hubli
The relevance of 2014 as the start date of anomaly is not clear. Is it the date of promotion to Supervisor Grade. Presuming it to be, the issue is answered as follows:
1. As regards delay, the conclusion of the Court can be challenged in appeal, as these are continuing cause of action and it gets 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 favour.
2. As regards on merits, it does not appear to be a strong case. On promotion to the Supervisor grade you became a separate class and you cannot equate yourself with your earlier colleagues remaining in workmen category. It appears, the wage revision for non-unionised category of supervisors & executives were 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 decision unless there is palpable malafides involved. On refixing pay in the revised pay scale, 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 is Supreme Court judgements that wage revision and wage fixation are specialised functions and the courts should be reluctant to interfere in it.
You can take a decision on further legal proceedings considering both the aspects. However, the suggestion is that
From India, Mumbai
15301. As regards delay, the conclusion of the Court can be challenged in appeal, as these are continuing cause of action and it gets 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 favour.
2. As regards on merits, it does not appear to be a strong case. On promotion to the Supervisor grade you became a separate class and you cannot equate yourself with your earlier colleagues remaining in workmen category. It appears, the wage revision for non-unionised category of supervisors & executives were 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 decision unless there is palpable malafides involved. On refixing pay in the revised pay scale, 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 is Supreme Court judgements that wage revision and wage fixation are specialised functions and the courts should be reluctant to interfere in it.
You can take a decision on further legal proceedings considering both the aspects. However, the suggestion is that
From India, Mumbai
Sir,
My question is on promotion to supervisory grade can the basic pay of an employee promoted be reduced citing the reason of anomaly. The basic pay is hard earned money and is not gifted one. Here, I agree that a workmen comes under Standing Order and Supervisor & Executives come under Service Rules. Since the wage revision due in 2012 took place in 2017 and as per the Office Order issued the management agreed to adjust the PP in the next wage revision due from 2017 Jan. However, the same was not done again citing the reason of anomaly the delay in making representation is because of the Office Order. Because of reduction in basic pay, there was heavy loss in monthly earnings i.e., HRA, DA and perks. Just because we were promoted from workmen category to supervisory category can the basic pay be reduced?. Usual practice on promotion is to give one additional increment to existing basic pay and fix the basic in the next scale.
The delay in making representation is because of delay in implementing the 2012 workmen wage revision in 2017 and executive wage revision due in 2017 implemented in 2019. Can the court consider this reason for condoning delay? Please clarify.
From India, Hubli
My question is on promotion to supervisory grade can the basic pay of an employee promoted be reduced citing the reason of anomaly. The basic pay is hard earned money and is not gifted one. Here, I agree that a workmen comes under Standing Order and Supervisor & Executives come under Service Rules. Since the wage revision due in 2012 took place in 2017 and as per the Office Order issued the management agreed to adjust the PP in the next wage revision due from 2017 Jan. However, the same was not done again citing the reason of anomaly the delay in making representation is because of the Office Order. Because of reduction in basic pay, there was heavy loss in monthly earnings i.e., HRA, DA and perks. Just because we were promoted from workmen category to supervisory category can the basic pay be reduced?. Usual practice on promotion is to give one additional increment to existing basic pay and fix the basic in the next scale.
The delay in making representation is because of delay in implementing the 2012 workmen wage revision in 2017 and executive wage revision due in 2017 implemented in 2019. Can the court consider this reason for condoning delay? Please clarify.
From India, Hubli
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