Office order issued in present day for past annual year
In any govt./PSU/Corporation Is there any provision where a Managing Director creates a guideline for usage of company provided mobile along with the usage limit and issues a office order in present day (May 2014) and order for recovery from employee for excess usage amount(Bill amount - Limit fixed presently) for prior tenure (Financial Year 2013-14). Is there any provision for an employee to question this unfair order.
Asked 2 years ago in Labour from Bangalore, Karnataka
A Govt. order can operate only from the date it is ordered. Retrospective effect can not be given by an Office Order today. From the date of order it can be effective, but can not be retrospectively applied. An order can operate only in future and if it is applied for previous period it is not legal.
Thank you for your reply sir,
Is there any such reference (clause / act specified in law) wherein I can raise the issue against this office order. If yes, please help me by guiding so that, i can defend in this regards. Apart from this issue, there are few more issues which I need to disclose and get appropriate suggestions and help from you.
Please do the needful.
Asked 2 years ago
Thanks for your appreciation. There are umpteen number of such references in the form of judgements delivered by various courts in our country.