Close Menu
    Facebook X (Twitter) Instagram
    • Our Story
    • Partner with us
    • Reach Us
    • Career
    Subscribe Newsletter
    HR KathaHR Katha
    • Exclusive
      • Exclusive Features
      • Perspectives
      • Friday Features
      • herSTORY
      • Case-In-Point
      • Point Of View
      • Research
      • HR Pops
      • Dialogue
      • Movement
      • Profile
      • Beyond Work
      • Rising Star
      • By Invitation
    • News
      • Global HR News
      • Compensation & Benefits
      • Diversity
      • Events
      • Gen Y
      • Hiring & Firing
      • HR & Labour Laws
      • Learning & Development
      • Merger & Acquisition
      • Performance Management & Productivity
      • Talent Management
      • Tools & Technology
      • Work-Life Balance
    • Special
      • HR Forecast 2026
      • Cover Story
      • Editorial
      • HR Forecast 2024
      • HR Forecast 2023
      • HR Forecast 2022
      • HR Forecast 2021
      • HR Forecast 2020
      • HR Forecast 2019
      • New Age Learning
      • Coaching and Training
      • Learn-Engage-Transform
    • Magazine
    • Reports
      • Whitepaper
        • HR Forecast 2024 e-mag
        • Future-proofing Manufacturing Through Digital Transformation
        • Employee Healthcare & Wellness Benefits: A Guide for Indian MSMEs
        • Build a Future Ready Organisation For The Road Ahead
        • Employee Experience Strategy
        • HRKatha 2019 Forecast
        • Decoding and Driving Employee Engagement
        • One Platform, Infinite Possibilities
      • Survey Reports
        • Happiness at Work
        • Upskilling for Jobs of the Future
        • The Labour Code 2020
    • Conferences
      • Leadership Summit 2025
      • Rising Star Leadership Awards
      • HRKatha Futurecast
      • Automation.NXT
      • The Great HR Debate
    • HR Jobs
    WhatsApp LinkedIn X (Twitter) Facebook Instagram
    HR KathaHR Katha
    zoha
    Home»News»Can employees challenge terms & conditions of employment?
    News

    Can employees challenge terms & conditions of employment?

    HRK News BureauBy HRK News BureauSeptember 6, 20212 Mins Read15096 Views
    Share LinkedIn Twitter Facebook WhatsApp
    Share
    LinkedIn Twitter Facebook WhatsApp

    The Supreme Court has observed that employees cannot be prevented from challenging the terms and conditions of employment if they notice any violation of statutory requirements. According to the Court, if at any point employees feel that the terms and conditions of employment fail to conform to the law, they are free to question them.

    The observation was made in a case where teachers who were appointed after being put through the standard and formal selection process prescribed by the Uttar Pradesh State Universities Act, had later questioned the arbitrariness of the letter of appointment. The letter stated that the appointment was on contract basis and limited to a three-year period, which is in violation of the statutory scheme of the Act. The aggrieved teachers filed a writ petition demanding that they be declared as substantively appointed teachers (associate professor/assistant professor) and members of service of the Central University HNB Garhwal University. They sought a declaration that they were entitled to a pay scale and benefits that any regularly appointed teacher in the service of the Central University under the Act is entitled to.

    zoha

    However, the University maintained that since the teachers had formally accepted the terms and conditions mentioned in their letters of appointment, they were not in a position to question them now. The Court, however, rejected the University’s argument it is not open for a person appointed in public service to choose the terms and conditions of appointment. The Court pointed out that employer has an upper hand when it comes to dictating the terms of employment, and the employees are never given the chance to point out arbitrariness in the same, if any, and even if they do, they risk losing their jobs. Therefore, when the employer has the power to set the terms and conditions of employment, the employee should not be prevented from questioning them if the terms do not adhere to the statutory requirements as per law.

    As the petitioners (teachers) had been appointed after a proper selection procedure as prescribed by the Act, then irrespective of whether their appointment is a permanent or temporary one, their appointment should be treated as substantive. They are eligible for a permanent role in future when the post is permently sanctioned by the authority. Therefore, they automatically become members of the teaching faculty of the Central University under the Act 2009.

    Challenge employees Employment terms & conditions The Supreme Court Universities Act
    Share. LinkedIn Twitter Facebook WhatsApp
    HRK News Bureau

    1 Comment

    1. Mustafa Hussain on September 7, 2021 9:34 pm

      Nice move by supreme court It is highly required in J and K for class iv appointments currently in process

      Reply
    Leave A Reply Cancel Reply

    Related Posts

    Infosys approves fresh stock incentives for employees; CEO in focus

    April 27, 2026

    Unilever appoints Faraz Zaidi as head-HR, global customer operations

    April 27, 2026

    Maharashtra plans study group to address IT workforce concerns

    April 27, 2026

    Cholamandalam MS General Insurance appoints Parthasarathi V as head-HRBP

    April 27, 2026
    Editorial

    The reference economy: When hiring decisions are made before interviews begin

    Somewhere between the job posting and the final interview, the real hiring decision has already…

    When “zero tolerance” tolerates for four years

    On April 12th, 2026, Tata Consultancy Services issued a statement about allegations from its Nashik…

    EDITOR'S PICKS

    The reference economy: When hiring decisions are made before interviews begin

    April 27, 2026

    POV: Should organisations move beyond hiring diversity to truly measuring inclusion?

    April 27, 2026

    The career moves no one planned (but everyone remembers)

    April 24, 2026

    Case-in-Point: Merit vs retention risk

    April 23, 2026
    Latest Post

    Infosys approves fresh stock incentives for employees; CEO in focus

    News April 27, 2026

    Infosys has cleared a new round of stock-based rewards for its employees, highlighting its continued…

    Unilever appoints Faraz Zaidi as head-HR, global customer operations

    Movement April 27, 2026

    Unilever has appointed Faraz Zaidi as head-HR for global customer operations, reinforcing its focus on…

    Maharashtra plans study group to address IT workforce concerns

    Movement April 27, 2026

    Authorities in Maharashtra are set to establish a dedicated study group to examine workforce-related concerns…

    Cholamandalam MS General Insurance appoints Parthasarathi V as head-HRBP

    Movement April 27, 2026

    Cholamandalam MS General Insurance has appointed Parthasarathi V as head-HR business partner, strengthening its leadership…

    Asia's No.1 HR Platform

    Facebook X (Twitter) Instagram LinkedIn WhatsApp Bluesky
    • Our Story
    • Partner with us
    • Career
    • Reach Us
    • Exclusive Features
    • Cover Story
    • Editorial
    • Dive into the Future of Work: Download HRForecast 2024 Now!
    © 2026 HRKatha.com
    • Disclaimer
    • Refunds & Cancellation Policy
    • Terms of Service

    Type above and press Enter to search. Press Esc to cancel.