BMC asked to `pay’ for its fault

August 7: The Industrial Court of Mumbai recently directed the Brihanmumbai Municipal Corporation to give S A Khanolkar, a BMC employee dep...

August 7: The Industrial Court of Mumbai recently directed the Brihanmumbai Municipal Corporation to give S A Khanolkar, a BMC employee deprived of increments for seven years, all the pending increments and immediately return him a sum of Rs 14,080 deducted from his salary.

In his judgement, Judge P S Ghose observed, “Recovering the amount from Khanolkar’s salary without conducting an inquiry is an unfair labour practice. If the BMC feels excess amount has been paid to him due to BMC’s mistake, it should be recovered from the head of the concerned accounts department.”

Khanolkar joined the corporation in 1975 as a rent collector. In 1985, the BMC invited applications for the post of water meter inspector. Khanolkar applied for the same and was appointed to the post in December 1985. However, the pay scale for the new post was lower than that for the earlier post.

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The BMC did not inform Khanolkar about the difference in pay scale. For months, Khanolkar was paid the salary based on his earlier pay scale, which was higher than the new pay scale. Seven years later, in 1992, BMC realised its mistake and started recovering the money from Khanolkar’s monthly salary. His increments for all these years were also stopped. The BMC did this without issuing him any memo or conducting an inquiry into the matter.

Advocate Prakash Devdas defended Khanolkar, while advocate R S Pawar represented the BMC.

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