SERVICE LAW
abhay kumar
(Querist) 11 May 2011
This query is : Resolved
WHETHER A WRIT PETITION FILED BY THE UNION OF HINDUSTAN AERONAUTICS LTD. CLAIMING THE BENEFITS OF SENIORITY,ON BEHALF OF A GROUP OF EMPLOYEES, WORKING IN CLERICAL CADRE,IS MAINTAINABLE? THE MANAGEMENT HAD ISSUED A FRESH NOTIFICATION IN DEC.2010 BY WHICH THE STANDING ORDERS(RULES)ISSUED IN YEAR 1997 WERE MODIFIED WITH RETROSPECTIVE EFFECT AND THE PERSONS LOWER IN MERIT AND JUNIOR TO THE AFORESAID PERSONS WERE GIVEN UNTIMELY PROMOTION AS THEIR INITIAL QUALIFYING STANDARD WAS CHANGED BY IMPLEMENTING THE ORDER/OFFICE NOTIFICATION ISSUED IN DECEMBER 2010.
Guest
(Expert) 13 May 2011
Dear Abhay,
First of all, before you expect a proper reply from the experts, you may need to check whether the retrospective effect to the Standing Orders was given by the HAL on its own without any judgment by any court in favour of those employees or in compliance with any such court order or CAT orders for changing the qualifying standards of the concerned employees?
