Employee Not Estopped From Challenging Terms & Conditions Of Employment If It Violates Statutory Requirement: Supreme Court

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Employee Not Estopped From Challenging Terms & Conditions Of Employment If It Violates Statutory Requirement

Case: Somesh Thapliyal Vs. Vice-Chancellor, H.N.B. Garhwal University

Coram: Justices Uday Umesh Lalit and Ajay Rastogi

Case No: CA 3922-3925 OF 2017

Court Observation: “It is open for the employee to challenge the conditions if it is not being in conformity with the statutory requirement under the law and he is not estopped from questioning at a stage where he finds himself aggrieved.”

“It goes without saying that employer is always in a dominating position and it is open to the employer to dictate the terms of employment. The employee who is at the receiving end can hardly complain of arbitrariness in the terms and conditions of employment. This Court can take judicial notice of the fact that if an employee takes initiation in questioning the terms and conditions of employment, that would cost his/her job itself.. The bargaining power is vested with the employer itself and the employee is left with no option but to accept the conditions dictated by the authority. If that being the reason, it is open for the employee to challenge the conditions if it is not being in conformity with the statutory requirement under the law and he is not estopped from questioning at a stage where he finds himself aggrieved.”

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