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2019 (7) TMI 1947 - HC - Indian LawsBenefits of regular pay scale - principle of prospective overruling of judgment - HELD THAT:- It is well established principle of law that the principle of prospective overruling of judgment, does not apply except where, it is specifically mentioned. Where the rights of a party has been considered and declared, then the said proceedings cannot be reopened on the ground that the judgment on the basis of which, the rights were declared, has been overruled. It is clear that the judgment passed by the Supreme Court in the case of RAM NARESH RAWAT VERSUS ASHWINI RAY AND ORS. [2016 (12) TMI 1882 - SUPREME COURT] would apply in the present case as the order passed by the Labour Court has been challenged. It is not a case where the petitioners have tried to reopen a case which has already been finalized. Accordingly, it is held that the respondent is only entitled for minimum pay scale without any increment as provided by the Supreme Court in the case of Ram Naresh Rawat. The Labour Court has awarded the pay scale w.e.f. 1.7.1988. Accordingly, it is held that the respondent shall be entitled for the minimum pay scale without any increment w.e.f. 1.7.1988. Petition disposed off.
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