Legal Question in Employment Law in India

On Feb 7, 2014, SC upheld the Govt Notification of Majithia Wage Board for Journalists and Non-Journalists. While Majithia recommended implementation from July 1, 2010, SC set the operational date as Nov 11, 2011, the date on which it was notified. Justice Majithia arrived at revised pay scale based by merging 100% DA that was earned upto June 30, 2010, and interim relief (30%) with the old basic. According to the fixation new DA on July 1, 2010, would have been Rs 0 (Rs Zero) because of 100% merger. From Rs 0 level, the DA rose to the level of Rs 2,500 on Nov 11, 2011. Management wants to start the DA at Rs 0 level from Nov 2011. I am pleading for inclusion of Rs 2,500 in to the revised pay scale set by Majithia to start DA at Rs 0. Otherwise, show DA as Rs 2,500 separately is my contention. Do I have a case to contest here? Does SC judgment override the 100% DA merger formula set by Justice Mathia to arrive new pay scale? Is it not against principles of natural justice to deny workers DA which is their due from July 2010 to Nov 2011?


Asked on 5/08/14, 7:47 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

08.05.2014

Dear Sir / Madam,

Yes, you have a case in point since the applicable DA will be Rs. 2,500 from Nov, 11th, 2011. Yes, the Supreme Court judgement overriding the decision of 100% DA merger formula as recommended by the Majithia Committee will prevail.

Regards,

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Answered on 5/08/14, 9:32 am


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