SH. N.K. SHARMA versus THE PRESIDING OFFICER LABOUR COURT, SHIMLA AND ORS.

SH. N.K. SHARMA versus THE PRESIDING OFFICER LABOUR COURT, SHIMLA AND ORS.

An employee promoted and regularised from a lower scale of pay in the work-charged establishment, not covered by the rationalisation scheme, cannot claim higher scale of pay or promotional post on par with erstwhile work-charge employees. Counting of previous service for seniority is limited by scale and cadre.

Parties
Appellant: N.K. Sharma; Respondents: The Presiding Officer Labour Court, Shimla and Ors.
Jurisdiction
India
Judgment Date
01 May 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave
Outcome
Appeal dismissed
Legal Topics
Work Charge Employee, Pay Scale Rationalisation, Promotional Avenues, Seniority in Regular Cadre
Service Law Work Charge Employee Pay Scale Rationalisation Promotional Avenues Seniority in Regular Cadre

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Parties

N.K. Sharma

Appellant

The Presiding Officer Labour Court, Shimla and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave

Legal Issues

  1. 1 Entitlement of a regularised and promoted work-charge employee to higher pay scale and promotional post under rationalisation scheme

Ratio Decidendi

An employee promoted and regularised from a lower scale of pay in the work-charged establishment, not covered by the rationalisation scheme, cannot claim higher scale of pay or promotional post on par with erstwhile work-charge employees. Counting of previous service for seniority is limited by scale and cadre.

Court Disposition

Appeal dismissed

Orders

  • No costs