Case Note & Summary
The petitioners, seven employees of Women's College of Education, Faizpur (respondent no.6), filed a writ petition seeking recovery of their salary from March 2012 onwards. They were appointed between 1991 and 2006 and had been continuously serving without interruption, receiving salary until March 2012. Despite assurances and approaches to various authorities, no salary was paid thereafter. The petitioners contended that the non-payment violated their fundamental rights under Articles 21 and 23 of the Constitution. The respondent institution argued financial constraints due to non-receipt of grants from the government. The court observed that the petitioners had rendered services and were entitled to salary, and that non-payment amounted to forced labour. The court directed respondent no.6 to pay the salary from March 2012 within three months, failing which respondent no.5 (the managing body) would pay and recover the amount from respondent no.6. The petition was allowed with no order as to costs.
Headnote
A) Service Law - Recovery of Salary - Fundamental Right - Articles 21 and 23 of the Constitution of India - Petitioners appointed between 1991 and 2006 and continued in service without interruption, but salary stopped from March 2012 - Court held that non-payment of salary amounts to forced labour and violates Article 21 - Directed respondent no.6 to pay salary from March 2012 within three months, failing which respondent no.5 to pay and recover from respondent no.6 (Paras 2-6).
Issue of Consideration
Whether the petitioners are entitled to recovery of salary from March 2012 onwards from the respondent educational institution and whether the court can direct payment despite the institution's financial constraints.
Final Decision
Petition allowed. Respondent no.6 is directed to pay salary to the petitioners from March 2012 within three months. If respondent no.6 fails to pay, respondent no.5 shall pay the salary and recover the same from respondent no.6. No order as to costs.
Law Points
- Right to salary is a fundamental right under Article 21
- Forced labour includes non-payment of wages
- Employer cannot escape liability by blaming government grants
- Writ petition maintainable for recovery of salary
