India  |  Employment Law

Legal Question

Asked on: 8/03/13, 8:26 pm

At the outset, I would like to thank Lawguru for helping me to have a copy of other side’s submission made to the police station on a complaint I made under CSR 212. Following the advice of Advocate Mr Prashant (prashant.psc107@gmail.com) I attached a Rs 10 Postal Order along with my application for the same to the police station and got the copy under RTI.

The question I am raising here is nearly 3-year old. Given below are two basic pay slabs:

Group 3 in 1A category (less than Rs 600 crore): 6250 – 280 – 8210 – 370 – 10800 – 485 – 13710... 16,620 – 485 - 17,105

Group 3 in 1B category (more than Rs 600 crore): 6440 – 355 – 8925 – 490 – 12355 – 680 – 16435 – 680 -- 17,115 – 680 – 17,795

The pay scales come under Manisana Wage Board for Journalists and Non-journalists.

While moving my basic from Rs 17,105 (first slab – Group 3 in 1A) to the second slab Group 3 in 1B, my HR has fixed my new basic as Rs 17,115. Here comes the problem. The said Rs 17,115 new basic is assigned for Rs 16,620 (first slab) as well. My contention is my basic should be fixed at Rs 17,795, a step above 17,115 as fixing same slab for a junior and senior lead to pay anomalies by way junior surpassing senior when annual increment of junior falls subsequent to senior. HR is adamantly maintaining that the procedure followed in fixation dates back to decades, and for the good of mutual relationship I should drop the case. HR says it can’t accept the opinions of advocates; it can accept the opinion of Labour Department only. Labour Department insists that I should reveal my employer’s name which I am unwilling to do since I don’t want to drag them into this as they are very nice people.

Can I ask the Labour Department to reveal the exact basic pay without revealing the employer’s name under RTI?

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