Mistake in Payment of Salary
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Section 9A of the Industrial Disputes Act refers to the steps
that an employer should take before withdrawing any eligible benefits or
altering service conditions of the workmen.
In the case of Jossie V.E
v. Flag Officer,
Employees were paid Overtime Allowances wrongly
including HRA, CCA etc.
The management corrected the mistake and reduced
the overtime allowances without any notice.
The Kerala High Court,
while considering the legality of management’s action, held that
compliance of Section 9A is not required for correcting any mistake that
has occurred in payment of salary of employees.
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