• Office order issued in present day for past annual year

Dear Sir,
In any govt./PSU/Corporation Is there any provision where a Managing Director creates a guideline for usage of company provided mobile along with the usage limit and issues a office order in present day (May 2014) and order for recovery from employee for excess usage amount(Bill amount - Limit fixed presently) for prior tenure (Financial Year 2013-14). Is there any provision for an employee to question this unfair order.

Regards
Asked 10 years ago in Labour

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2 Answers

A Govt. order can operate only from the date it is ordered. Retrospective effect can not be given by an Office Order today. From the date of order it can be effective, but can not be retrospectively applied. An order can operate only in future and if it is applied for previous period it is not legal.

Shashidhar S. Sastry
Advocate, Bangalore
5426 Answers
330 Consultations

Thanks for your appreciation. There are umpteen number of such references in the form of judgements delivered by various courts in our country.

Shashidhar S. Sastry
Advocate, Bangalore
5426 Answers
330 Consultations

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