Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Absorption - Respondents-employees absorbed in Appellant-limited company- Issue relating to fitment on absorption |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law - Absorption - Respondents-employees absorbed in Appellant-limited company- Issue relating to fitment on absorption c -In a previous writ petition, High Court vide order dated 26.08.2002 had held that when employees were enjoying the Central Government scale of pay and when they were converted and fitted in the appellant-limited company pay scale, their pay, in any event, could not be reduced, inasmuch as, pay protection was assured to them by the appellant - However, when fitment was done, the basic salary was reduced and fixed on a lower side - Respondent filed fresh writ petition which was dismissed by Single Judge - Order set aside by Division Bench - Plea of appellant-limited company before Supreme Court that they had assured protection for the total emolument and fixation of pay has been done in the manner that the total emoluments which had been drawn were more than the one drawn by the employees earlier - Held: It was not the total emoluments that mattered - On perusal of the option form filled by the employees before absorption, it is clear that both basic salary and emolument drawn by them earlier were to be protected - Salary protection was to be ensured, it could not have been reduced apart from emoluments - There was dual protection; that was unfortunately ignored and overlooked by the Appellant-limited company - When the pay scales were converted to and paid in appellant-limited company, respondents' pay drawn could not have been reduced, inasmuch as pay protection had been assured to them and in view of order dated 26.08.2002 that attained finality and pay fixation was to be made in the manner that total emoluments drawn were not less - Further, the order dated 26.08.2002 was to be complied with in pith and substance, rather the fitment made was clearly in violation of the order as well as the provisions of option form and even subject to conditions on which the absorption had been made Therefore. benefits be extended to all the employees who wereabsorbed. whether continuing or have been retired and to the legalrepresentatives of deceased employees - Doctrines/Principles -Doctrine of pith and substance. |
Judge | N/A |
Neutral Citation | 2017 INSC 1029 |
Petitioner | Eastern Coalfields Ltd. & Ors. |
Respondent | Prativa Biswas & Ors. |
SCR | [2017] 13 S.C.R. 85 |
Judgement Date | 2017-10-11 |
Case Number | 8606 |
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