Inadvertent error in Wage Scale - Amendment - Reg
On Feb 7, 2014, the Supreme Court upheld the Govt Notification of Majithia Wage Board for Journalists and Non-Journalists.
While Majithia Wage Board for Journalists and Non-Journalists arrived at the Revised Basic Pay by clubbing old basic pay plus 30% interim relief on the old basic pay, plus applicable DA on the old basic, it failed to make room for 3 increments/fitments though Majithia has reiterated in the implementation section that maximum of 3 increments should be paid for employees who have served more than 15 years of service.
My contention is, he should have added 3 increments to the revised basic pay at the maximum band to enable the employee to demand for the same.
For example, for an old basic of Rs 16,435 (maximum band under Manisana Wage Board scale 6,440 to 16,435) the revised maximum basic pay is set as Rs 30,700 after adding DA on June 2010 (Rs 9,600) and 30% interim relief Rs 4,930 (total Rs 30,900+, rounded off to Rs 30,700.)
The reason for my raising this question is an employee who had already put in more than 15 years of service and who was drawing Rs 16,435 (maximum under Manisana WB) as basic on June 2010 is being deprived of 3 increments which Justice Majithia underlines that an employee is eligible but failed to include in the revised pay scale.
Is he not eligible for 3 increments @4% per year of basic on the new basic? If he is eligible how to go about it since there is a rider that ‘no employee is eligible for more than the maximum of revised pay scale’.
Here are some texts of Majithia Wage Board concerning the subject:
“Every employee shall be given one increment in the revised pay scale for completion of every five years' service in the post held immediately before the date of the
commencement of the Award.
Annual increment is 4% of basic pay.
The total number of increments shall not be more than three.
The revised pay scale is based on the old basic pay plus Dearness Allowance (D.A.) admissible up to June 2010, plus 30 per cent of the basic pay which is being given as an interim relief.
No employee is eligible for more than the maximum of revised pay scale.”
I request you to clarify on this. my email id is: firstname.lastname@example.org
Asked in Labour from Chennai, Tamil Nadu