Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law:Constitution of India, I 950; Articles I 3, 14, 21 and 311:Transfer Petitions-Sick Public Sector Undertakings-Revision of Payscale-Issuance of Memorandum by the Central Government not providingany budgetary support for the wage increase-PSEs generate internal resourcesto meet additional expenditure-Issuance of another Memorandum by theBoard of Public Enterprises clarifying that revision in pay scale and otherbenefits would be subject to revival of PSEs by BIFR-Challenge to--Employees' legal right to revision in pay vis-a-vis financial capacity of theGovernment-Held: Generally, financial capacity of the Industry is a germaneconsideration for determination of the wage structure of the employees-SincePSEs have been suffering heavy losses continuously, the employees could notlegitimately claim revision in their pay sea/es-Non-revision of pay-scaleswo11ld not amount to violation of fundamental rights under Article 21-Companies Act-Sections 619 and 620.Employees of PSEs-Status of-They are not Government Servants-Hence not entitled to protection afforded under Article 31 I.Employees exercising their option for 'Voluntary Retirement Scheme'and accepting payment thereof-Subsequent claim for revision in pay scale-Justification of-Held: Since the employees accepted VRS without any protestregarding revision of pay-scale from back date, there was a complete cessationof the Jura/ relationship between employer and employee-Hence employeescannot claim revision of pay scale.Words and Phrases:'Voluntary Retirement Scheme', 'Government Servant', 'Juralrelationship between employer and employee', 'Financial capacity of theindustry' and 'Golden Handshake '~Meaning of |
Judge | Hon'ble Mr. Justice G.P. Mathur |
Neutral Citation | 2003 INSC 258 |
Petitioner | A.k. Bindal And Anr. |
Respondent | Union Of India And Ors. |
SCR | [2003] 3 S.C.R. 928 |
Judgement Date | 2003-04-25 |
Case Number | 8 |
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