Notice (u/s 9A of ID Act) not required to correct a mistake in payment of salary

Section 9A of the Industrial Disputes Act refers to the steps that an employer should take before withdrawing any eligible benefits or altering service conditions of the workmen. In the case of Jossie V.E v. Flag Officer, employees were paid overtime allowances wrongly including HRA, CCA etc. The management corrected the mistake and reduced the overtime allowances without any notice. The Kerala High Court, while considering the legality of management’s action, held that compliance of Section 9A is not required for correcting any mistake that has occurred in payment of salary of employees.

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About Thomas Geeverghese

Advocate, Ernakulam
This entry was posted in Industrial Disputes, Labour Law and tagged , , , , , . Bookmark the permalink.

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