Not Pre-Informing The Employee Regarding A Revision In Pay Is Against The Principles Of Natural Justice: Karnataka High Court
|The Karnataka High Court has held that not pre-informing an employee regarding a revision in their pay is against the principles of natural justice.
The Court set aside the endorsement issued by the Respondent corporation and directed them to provide a show cause notice to the Petitioner within four weeks from the date of the Order.
Justice Jyoti Mulimani observed, “The petitioner contends that he was getting a salary of Rs.14,420/-(Rupees Fourteen Thousand Four Hundred and Twenty only). However, the respondents sought to re-fix the pay of the petitioner without notice. This action of the Corporation is untenable. The petitioner ought to have been notified before taking any action. The same has not been done. Hence it can be safely concluded that the action on the part of the Corporation is against the basic principles of natural justice and thus the DEO Order and the endorsement are liable to be quashed and accordingly they are quashed”.
Advocate S.B. Mukkanappa appeared for the Petitioner, and Advocate B.L. Sanjeev appeared for the Respondent.
The Petitioner was a Trainee Conductor for the Respondent corporation and was put on probation and disciplined for misconduct. Eventually, the disciplinary authority terminated the Petitioner's employment. The Petitioner disputed the decision before the Labor Court, which ruled for the Petitioner to be reinstated with 50% of their back wages. The Corporation and the Petitioner contested the decision, and the corporation's appeal was partially granted. The Petitioner was reinstated by the Respondent on April 21, 2010, with a pay of Rs 13,100/-, but the corporation allegedly issued an endorsement without addressing the Petitioner's request to correct the discrepancy in their basic salary. The Petitioner approached the Court by way of a Writ Petition seeking specific remedies.
Therefore, the Court directed the Corporation to provide a show cause notice to the Petitioner within four weeks from the date of the Order. The Corporation was instructed to make an appropriate decision following the law.
Accordingly, the Court set aside the endorsement and disposed of the Petition.
Cause Title: Sri H P Basavaraju v. The Managing Director