Legal Question in Employment Law in India

Question -1

We are working in a central PSU. We have a self lease scheme instead of HRA. Eligible employees need to make an agreement for 10 years period for self lease with the PSU. Our payment for self lease was done in our earlier scheme with related to the basic pay of an employee. Later in 2010 the self lease scheme was modified and enhanced payment was done which was related to the grade of employee even those employees who made 10 years agreement as per old scheme earlier. In 2013 the scheme was further modified and entitlement corresponding to grade was increased. But this time PSU made the rule that earlier who had made 10 years agreement will not get the enhanced amount. So currently one problem arises. Those employees who are applying for the first time now are getting more amount though their grade are same but junior with lower basic pay compare to those earlier employees who made 10 years agreement. My question is that can it be termed pay anomaly as senior employee with higher basic pay is getting less?

Question � 2

Can an employee of a central PSU file writ petition in high court for violation of any rule in that PSU instead of raising disputes before RLC(C)?

regards,

TAPAN DAS


Asked on 7/12/13, 10:34 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.07.2013

Dear Tapan Das,

A.1 If I understand correctly, self lease scheme means the employee undertakes to remain employed with the Undertaking for the specified period. In 2010 the scheme was amended. As per the 2013 revision, all those who have undertaken the self lease scheme in 2008 are entitled to arrears of pay from 2010 to 2013.

A.2 An aggrieved employee of a PSU can file a writ petition in the High Court for violation of any rule(s).

Regards,

Read more
Answered on 7/13/13, 6:48 am


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