In a later administering, the Supreme Court of India rejected an request challenging the position of representatives within the Motor Manufacturing plant, Avadi, Chennai. The case included a debate over the status of representatives advanced from semi-skilled to talented and highly-skilled grades, with the appealing party, V. Vincent Velankanni, challenging the status list distributed by the manufacturing plant.
The case stemmed from a difference over the elucidation of position rules after representatives were advanced to higher grades. The appealing party contended that his rank ought to be decided from his initial date of arrangement within the semi-skilled review, but the factory's administration had settled rank based on the date of advancement to the gifted review. The appealing party claimed that the delay in his advancement due to an amplified probation period had unreasonably affected his status.
The Madras High Court's decision was affirmed by the Supreme Court, which declared that an employee's seniority should be measured from the date of promotion to the skilled grade rather than from the date of their original appointment to the semi-skilled grade. The Court underlined that seniority had to be determined using the date of promotion to the skilled grade, as required by the regulations in effect at the time of the promotions, specifically the Government Order of December 2002.This rule was in place when both the appellant and the private respondents were promoted, and it applied uniformly across the cadre.
Justice Sandeep Mehta, delivering the judgment, remarked that altering the seniority list retrospectively, as sought by the appellant, would disturb the settled rights of numerous employees and lead to widespread discontent. The Court also noted that the Government Order issued in 2015, which the appellant relied upon, could not be applied retrospectively to alter seniority already established under the previous rules.
The decision highlights the Court's stance on maintaining stability in service matters, especially regarding seniority and promotions. The ruling is expected to impact how seniority disputes are handled in industrial establishments going forward, particularly in cases where employees have faced delays in promotions due to extended probation periods.
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