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Company recruited for lower grade and still no promotion granted


03-Feb-2023 (In Labour & Service Law)

IndianOil (PSU) has recruited two different grade of officer with two different basic pay from same qualification and same GATE exam. All recruitment pattern was same and again the work defined is also same for both the grade but the pay is different. The company recruited the lower grade for only two years and then stopped it but the employee who was recruited in the lower grade are left in that grade only.Is it legally justified?

Answers (3)

Answer #1
940 votes
The recruitment rules and criteria and working area include qualifications are to be seen.
There are number of Supreme Court judgments on equal pay equal work and upon
same grade at one point of time which makes others also entitled to the same pay scale.
Answer #2
918 votes
No, the same is not legal. every person who has been appointed by following all legal manner and rules are entitled for promotion and other benefits arising out of his/service period. denying promotion and other benefits on the verge of stopping the recruitment to the lower grade is not justified and illegal.
Answer #3
937 votes
No it is not legally justified as the qualifications and the recruiting exam is same then there is no rationale for this disparity. Aggrieved person should give representation and if their grievances are not addressed then they may file writ petition against this disparity.

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