Non implementation of 7th pay commission recommendations
CHARANJIV
(Querist) 12 October 2016
This query is : Resolved
Hi, I am Raman Rekhi.
I am working for an organisation registered under the societies registration act 1860 since 1999.
Till date all the pay commissions have been implemented for the employees of the society.
This time the management of the society has not implemented the 7th pay commission's recommendations stating that the board of trustees are setting up a board to decide the pay scales and conditions of service and are planning the delink the employees pay structure form the central government.
Is it legally possible and what recourse do the employees of the society have.
Guest
(Expert) 12 October 2016
It is quite possible legally.
There is no compulsion for the management of the society to implement the 7th CPC recommendation. All depends upon prior approval by the Board of Trustees.
You don't have any legal recourse to adopt against non-implementation.
CHARANJIV
(Querist) 12 October 2016
Thanku v much Sir but the advertisement thru which we applied for the job and the service rule book says that the benefitss like da, bonus gratuity etc are at par with the central govt employees
CHARANJIV
(Querist) 12 October 2016
Thanku v much Sir but the advertisement thru which we applied for the job and the service rule book says that the benefitss like da, bonus gratuity etc are at par with the central govt employees
Rajendra K Goyal
(Expert) 12 October 2016
Yes Management can change service conditions through proper process.
Rajendra K Goyal
(Expert) 12 October 2016
Any change made need to be circulated and consent may be taken from employees regarding change in service conditions. Any employee who do not agree with the changes may be given option to leave.
Generally most of the organisations adopting major changes in service conditions, get consent from employees.
Collective action may fetch some favorable amendments.
Guest
(Expert) 12 October 2016
Fact in past (relevant to recruitment date) can not be sure to be valid for future also.
R.K Nanda
(Expert) 12 October 2016
Nothing to add more .
Kumar Doab
(Expert) 12 October 2016
Change in service conditions;
The employee's may unite and resit if they want.
Approach a very able counsel specializing in Labor/service conditions.
Kumar Doab
(Expert) 12 October 2016
Has the employer supplied any written details, communication,notice etc
Is it offering superior benefits?
Have you examined the details?
Rajendra K Goyal
(Expert) 12 October 2016
Author need to reply the questions from expert for further advice.
CHARANJIV
(Querist) 12 October 2016
No till date only verbal communication are being received at our end but the seventh pay commission has not been implemented yet
CHARANJIV
(Querist) 12 October 2016
No till date only verbal communication are being received at our end but the seventh pay commission has not been implemented yet
Rajendra K Goyal
(Expert) 12 October 2016
Has employees union demanded to implement the same?
CHARANJIV
(Querist) 12 October 2016
We do not have any union
Kumar Doab
(Expert) 12 October 2016
Form or affiliate with trade unions.
Guest
(Expert) 13 October 2016
Mr. Raman Lekhi,
Even communication in writing may not help you unless the Board of Trustees is convinced to make them applicable and decide to accept the recommendations of the 7th CPC.
Even if you take the case in the court of law, still in the absence of the approval of the Board for the acceptance of recommendations, you may get flak. Neither you nor the court can compel the Board to compulsorily accept the recommendations, as these recommendations are only for the Central Government employees, not for CPEs.
Better try to convince the Board, rather than wasting time over here.
P. Venu
(Expert) 13 October 2016
The facts disclosed suggests that the employees are not covered by the provisions of Article 309 of the Constitution and hence, there should be resolution of the Board of Trustees before giving effect to the provisions contained in the Revised Pay Rules.
Kumar Doab
(Expert) 13 October 2016
You ave posted that:
"the advertisement thru which we applied for the job and the service rule book says that the benefitss like da, bonus gratuity etc are at par with the central govt employees"
Form union and affiliate with trade unions.
Approach a very able counsel specializing in service matters at your location.
Do your home work before the board is constituted and communique is circulated.
Rajendra K Goyal
(Expert) 13 October 2016
Only collective effort can fetch better results in negotiation.
Individual effort may end in his discrimination by management.
You may have to indulge in long battle, may or may not be fruitful presently, may prove fruitful in future.
Form affiliated registered trade union to save interest.
Dr J C Vashista
(Expert) 16 October 2016
Central Pay Commission (First to Seventh CPC and subsequent CPCs) recommendations are applicable to central government servants, make it clear in your mind. The Union government may or may not accept any/either of its (CPC) recommendation(s), it is not binding.
State governments do follow the procedure/ scale(s) to bring their employees at par, which is, again, discretion of the government.
In your case it is a non-governmental organisation (company) which is not at all bound to accept recommendation of central pay commission(s). However, it is the Board of Directors of the Company/Society to fix the scale(s) of pay for their servants, the Courts have no (NO) power/law to admit your case challenging their(Board's) policy/ action on the subject matter.
If you feel aggrieved submit your representation collectively to the Board.
Kumar Doab
(Expert) 16 October 2016
Unite and Put in joint efforts.
Guest
(Expert) 16 October 2016
Things already made clear on your phonic enquiry.
Guest
(Expert) 16 October 2016
It may further be pointed out that the issue has already been taken up with Ministry of Finance by the Secretary General, Confederation of Central Government Employees to extend the benefits of the 7th CPC to the employees of Central Autonomous bodies.
However, if your society does not fall within the scope of central autonomous body, only the employees have to take up the case appropriately with the management, as based on their employment conditions.
Kumar Doab
(Expert) 16 October 2016
Unite and put in firm and dedicated efforts.
It is good query and you may post back as and when required.
Rajendra K Goyal
(Expert) 17 October 2016
You would be welcomed again in case of problem.
P. Venu
(Expert) 17 October 2016
It is a fact that the Painful Anxiety Still Continues for Autonomous bodies and Boards as regards to implementation of the recommendations of the 7th Pay Commission. Please see article at http://www.gconnect.in/7th-pay-commission/7th-pay-commission-the-painful-anxiety-still-continues.html
Kumar Doab
(Expert) 17 October 2016
Thanks for posting Expert Mr. Venu.
Rajendra K Goyal
(Expert) 17 October 2016
Author may visit the link suggested by the expert P. Venu.
