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rtigopu (Engineer)     04 May 2013

Can a salary structure be revised in a negative way?

 

A revision of salary[increase] was proposed in CDAC [autonomous body under Deity and GOVT India]. for contract staff on consolidated pay. It was to be implemented in OCT 2012. But that order was published only on Dec 27 2012 but not yet implemented. Another order was formulated saying the structure mentioned in the first order is a general guideline and the excecutive director can decide the salary based on local conditions with the consent of project owners. This order was formulated on March 2013 without implementing the previous order. But even this order was released only in April 2013. Meanwhile fresh contract offer letters were given to the contract staff on DEC 27,2012, whose term was ending on DEC 31 2012 for 2 years saying their salary was being revised as per the first order. But now neither order is implemented and another circular is released in CDAC Trivandrum mentioning the salary for the contract staff which is considerably less than that proposed in the first order. When asked for clarification all they are saying is that power is with Excecutive Director as per the second order [formulated in march 2013 , released in April 2013] to decide the salary. 

1. Doesnt this amount to cheating or breach of contract? 

2. Shouldnt the staff who were given contracts in DEC saying their salary is being revised as per the first order be given the pay mentioned in the first order from OCT 2012 to MAR 2013 at least? 

3. If answer to the above questions are yes then can they then reduce the salary from April 2013 citing the second order? 

4. Is there any Government Orders or Law that governs such appointments in GOI organisations?
Both the orders were released from HRD CDAC Corporate office in Pune for all centers and the circular was released by CDAC Trivandrum HR for that center.

3 hours ago



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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 May 2013

 

Most of the problems in the existing contract labour legislation arise because of workers being 
exploited in the hand of unscrupulous Contractors’, despite of the welfare initiatives taken by 
the Principal Employers. A provision be laid down in the Act underlying certain eligibility criteria 
to be fulfilled by the contractors before obtaining a license from the licensing officer. 
The contractor who has met all the criteria and obtained license under the Act be treated as a 
separate establishment and shall be fully accountable as Principal Employer for any type of 
compliance/liability. Any failure to make statutory dues like EPF & ESI or in the case of any 
accident in the workplace where the Occupier has provided and met with all safety & protective 
measures, the Contractor should be equally held responsible with the Principal Employers. 
This move would make the contractors more responsible for his/her deeds and also would 
create an employer employee relation where the interest of the contract workers can be 
safeguarded. So, Chapter III and Chapter IV of the Act be suitably amended to abrogate the 
tyranny of contractors. 

rtigopu (Engineer)     04 May 2013

Dear Ramachary sir,

 

Thanks for the reply.  Here the problem of contractors doesnt arise as there is no contractor here. This [CDAC] is an autonomous body under the Ministry of IT as mentioned above. The staff are qualified technical professionals [B-Tech, Mtech, Diploma etc] working on consolidated pay.  A revision of salary order [No. OM 12/12] was released from the corporate office pune. It was not published until DEC 2012 even though the order mentions implementation from the month of OCT 2012. 


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