Interesting legal battle unfolding in Kerala high court
Employee unions have challenged the decision of State Govt to restrict part of the salary for 5 months by executive order.
Prima facie opinion of the Honble Court is that such denial of pay amounts to denial of right of pay.
Salary is not a bounty.
The case will unfold and final orders will be of interest to all.
No doubt that present situation calls for sacrifices from all.
But how to go about it is a question.
Whether Govt can curtail salary-even partly to meet the strained situation the whole nation is facing?
https://www.barandbench.com/news/lit...govt-employees
From India, Pune
3124Employee unions have challenged the decision of State Govt to restrict part of the salary for 5 months by executive order.
Prima facie opinion of the Honble Court is that such denial of pay amounts to denial of right of pay.
Salary is not a bounty.
The case will unfold and final orders will be of interest to all.
No doubt that present situation calls for sacrifices from all.
But how to go about it is a question.
Whether Govt can curtail salary-even partly to meet the strained situation the whole nation is facing?
https://www.barandbench.com/news/lit...govt-employees
From India, Pune
It is interesting that only a section of the employees who belong to the trade unions sponsored by the Congress led opposition parties challenged the government order deferring the salary of 6 days a month for five months. The MLAs belonging to these political parties did not question the government decision to contribute a certain percentage of their salaries to Chief Minister' Distress Relief Fund! Why? because if they object to it nor did any MLA challenge it in the Court, then they cannot come to their respective constituencies and face the public. They will be beaten up.
The Supreme Court, while addressing the issue of the order of the Central Government directing the private establishments to pay full salaries to their employees during the lockdown period on a petition filed by a few private establishments, has raised concern over the notification and asked the government why the direction to pay full salaries should not be stayed. The crust of the issue is that the employer has right not to pay wages if the workers have not worked. If we apply the same in government sector, why don't the government say that no salary would be given or the days the government servants remain at home? Already they are getting 13 months salary in a year including leave surrender.( they seldom take any leave but manage to do all private works while on duty itself) If they are asked to defer (it was only deferment and not deduction) five days pay what is the big issue in it when others do not even have half the salary due to lockdown?
It should only be taken as a political issue because the Chief Minister of Kerala has been doing a wonderful job during disaster times. It was proved during the last two floods also. Moreover, the assembly election is nearing and if he continues to take the applause of the international media, then the hope of opposition to regain power will be lost for ever. I would say that this is just a political issue and not an HR issue and is not worth analyzing.
From India, Kannur
The Supreme Court, while addressing the issue of the order of the Central Government directing the private establishments to pay full salaries to their employees during the lockdown period on a petition filed by a few private establishments, has raised concern over the notification and asked the government why the direction to pay full salaries should not be stayed. The crust of the issue is that the employer has right not to pay wages if the workers have not worked. If we apply the same in government sector, why don't the government say that no salary would be given or the days the government servants remain at home? Already they are getting 13 months salary in a year including leave surrender.( they seldom take any leave but manage to do all private works while on duty itself) If they are asked to defer (it was only deferment and not deduction) five days pay what is the big issue in it when others do not even have half the salary due to lockdown?
It should only be taken as a political issue because the Chief Minister of Kerala has been doing a wonderful job during disaster times. It was proved during the last two floods also. Moreover, the assembly election is nearing and if he continues to take the applause of the international media, then the hope of opposition to regain power will be lost for ever. I would say that this is just a political issue and not an HR issue and is not worth analyzing.
From India, Kannur
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Stay order on amemdment to bonus act by kerala high court.jpg
STAY-ORDER-HIGH -COURT-OF-KERAL A-PAYMENT-OF-BO NUS-AMENDMENT-A CT-2015-1.pdf