Judicial Scrutiny of Pay Fixation and Protection for Ex-Servicemen Under Service Regulations
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Case: THE MAHARASHTRA STATE POWER GENERATION COMPANY LTD. v. STATE OF MAHARASHTRA
Court: Bombay High Court
Date: 07-07-2026
Law: Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, Industrial Disputes Act.
Highlights of the Judgment:
- Analysis of the distinction between "pay protection" and "pay fixation" for ex-servicemen in civilian roles.
- Interpretation of Clause 28(b)(ii) of the MSPGCL Employees’ Service Regulations regarding initial basic pay.
- Application of fitment tables and revised pay structures under Administrative Circular No. 449.
- Examination of unfair labour practices under Item 9, Schedule IV of the MRTU & PULP Act, 1971.
- Judicial scrutiny of unilateral pay reduction and recovery without prior show cause notice.
- Legal determination on the one-time relevance of military pay during initial re-employment fixation.