Supreme Court denies pay parity to retired judges in industrial tribunals

Retired Judges Appointed In Central Industrial Tribunals Can’t Claim Pay Parity With Other Tribunal Members : Supreme Court

The Supreme Court on Wednesday dismissed a petition from retired judicial officers re-employed as presiding officers of Central Government Industrial Tribunals-cum-Labour Courts. They sought pay equal to what the 6th Pay Commission…

The Story in Brief

The Supreme Court on Wednesday dismissed a petition from retired judicial officers re-employed as presiding officers of Central Government Industrial Tribunals-cum-Labour Courts. They sought pay equal to what the 6th Pay Commission recommended for other national tribunals like CAT and ITAT. The court upheld the government's decision to pay them at district judiciary rates, as recommended by the Justice E. Padmanabhan Committee.

Supreme Court denies pay parity to retired judges in industrial tribunals

A bench led by Justice NV Anjaria ruled that re-employed officers form a distinct class and can be paid differently from regular government employees. The court said classifying them separately for pay is rational and does not violate equality guarantees. It added that pay fixation is an executive domain best left to expert bodies, and judicial intervention is limited unless mala fide intent is proven.

The Indian Opinion

A tale of two pay scales: one for tribunals handling income tax or service disputes, another for those dealing with industrial conflicts. The government and court argue the re-employed are a separate class, but the petitioners have a point about equal work. The real test will be how many qualified judges now apply for these CGIT posts. If vacancies rise, the pay structure itself may need review.


Source: livelaw.in

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