Court rules that mere online publication of financial orders does not constitute adequate notice to employees, emphasizes principles of natural justice.
In a significant judgment, the Himachal Pradesh High Court has ruled in favor of Narender Kumar in a dispute involving the Himachal Pradesh State Electricity Board Limited (HPSEBL) concerning pay revisions and salary hike options. The Division Bench, comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi, emphasized the importance of adequate communication of financial orders to employees, asserting that mere website publication does not fulfill this requirement.
The appeal was filed by HPSEBL against the decision made in a writ petition by Narender Kumar, which had challenged the rejection of his representation regarding pay scale revisions. The court underscored the necessity for proper communication of office orders impacting employees' financial entitlements, ruling that natural justice principles demand more than just online publication.
The case revolved around an office order dated April 13, 2022, which allowed employees promoted between January 1, 2016, and April 12, 2022, to opt for a revised pay structure with a 15% hike. The court found that Narender Kumar was unaware of this order until his transfer to the headquarters, justifying the delay in his representation.
The judgment highlighted that orders impacting salaries must be communicated through recognized channels to ensure employees are informed. The court referenced past judgments, including Mohinder Singh Gill v. Chief Election Commr., to affirm that public orders must have public effect and cannot be supplemented with new reasons during litigation.
This decision reinforces the need for employers to ensure that employees are adequately informed about changes affecting their financial status, promoting transparency and fairness in employment practices.
Bottom Line :
Natural justice requires that financial orders affecting employees must be adequately published through reasonable and accepted modes to ensure awareness among affected individuals. Mere display on a website does not suffice as proper notice.
Statutory provision(s): Service Law, Natural Justice, Revised Pay Regulations, 2022, Office Order dated 13.04.2022, Mohinder Singh Gill v. Chief Election Commr., Harla v. State of Rajasthan AIR(1951) SC 936.
HPSEBL v. Narender Kumar, (Himachal Pradesh)(DB) : Law Finder Doc id # 2946632
