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Supreme Court of India for Employees

 Supreme Court of India for Employees

-Dr. Lalit Kumar Setia

Are you getting less salary paid by the employer? Are you getting less pension than your entitlement from the employer? As per constitutional provisions in India, the employees are entitled for get salaries and pensions on time, in case, the payments as per their entitlement are delayed, appropriate interest must be paid for delayed payments. The Supreme Court of India observed in a lot of cases and directed the Government to pay the entitled amount of salaries and pension with an interest at an appropriate rate.

The State Courts around the India, also allow the Public Interest Litigation (PIL) and most of the time, decisions are given in favour of the employees.

Supreme Court for Employees

Section 4(5) of the Payment of Gratuity Act 1972

The section is applicable on both the regular as well as contractual employees. Section 7 of the Payment of Gratuity Act 1972 is also useful for the employees, who are paid less amount of gratuity, may claim balance amount with an interest @18% per annum.

Equal Pay for Equal Work to Employees

In November 2016, most of the Government organizations passed the ruling for granting equal pay for equal work to the employees working on temporary or contractual positions in the offices of Government. Human dignity should not be violated and the inequality towards employees for getting more work from contractual or temporary employees should be stopped. There are a lot of organizations, in which there are two categories of employees, one is those who are working on a regular basis and another category belongs to those who are working on a contract basis. The employees working on a regular basis enjoy relative job security and higher wages. 

Arbitrary Decisions of Management to Terminate Contractual Job

Yes, the Court has the right to interfere in the matter of terminating a contractual job if the decision is arbitrary. In a decision, the high court of Orissa ordered to reinstate an employee of Grid Corporation of Orissa Limited, whose contractual job was terminated. 

Court Labour Act 1970 protects contractual employees from exploitation

The contractual employees have rights under Court Labour Act 1970, to some extent only. Any organization which hires or employs 20 or more employees on contract, it has to register under the Court Labour Act 1970. It is worth to mention that the organizations or employers not registered under Court Labour Act 1970 and hiring 20 or more employees, have to comply with the rules of the labour law and ensure good working environment to the employees. In case, the employees are hired or employed on contract for a tenure more than 3 months, to each employee, an identity card as employee will be required to issue. In case, the tenure of employment is more than 6 months, it will be required to provide rest room to the employees and facility of canteen for getting commodities at fair rates. In case, there are more than 10 women employees, it will be required to ensure separate room to rest for such employees. The employer will keep a separate attendance register or record for the contract employees and for the employees with employment more than 6 months, the employees will be provided leaves and other benefits entitled to the employees as per labour law.

Disclaimer - The content of this document reflects the views of the author on basis of facts and decisions of the Supreme Court of India; use of the decisions is must to claim the benefits. For any further queries, kindly comment at the end of this document.

*Copyright © 2018 Dr. Lalit Kumar. All rights reserved. 

This article is written by Dr. Lalit Kumar Setia; a renowned author and trainer. He completed his Doctorate in Commerce from Kurukshetra University Kurukshetra and MBA in Information Technology from GJU, Hisar. He also wrote two books, 15 research papers, and organized more than 200 Training Courses during his working period since 2006 in Haryana Institute of Public Administration, Gurugram. The article was firstly published on 15th October 2021, and last updated on 15th October 2021. The writer can be contacted on lalitkumarsetia@gmail.com 
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