Karnataka High Court Orders Release of Withheld Salaries, Upholds Fundamental Rights

Court Finds Non-payment of Salaries for 19 Months Violates Constitutional Protection Against Forced Labour

In a landmark decision, the Karnataka High Court, Dharwad Bench, has directed the State of Karnataka to release the withheld salaries of employees who have been working without pay for over 19 months. The judgment, delivered by Justice Mr. M. Nagaprasanna, emphasized that withholding salaries amounts to practicing begar, a form of forced labour, which is prohibited under Article 23 of the Indian Constitution.

The petitioners, Shri Anil and others, employed as Assistant Teachers at a school funded by the state, have been embroiled in a legal battle since May 2024 when their salaries were abruptly stopped. Despite interim orders from the Court staying the salary withholding, the state continued to delay payment, leading to repeated legal appeals by the petitioners.

The Court, while examining the sequence of events, highlighted that the petitioners have been consistently performing their duties since 2023 without any remuneration since May 2024. Justice Nagaprasanna underscored that forcing employees to work without pay undermines human dignity and violates their fundamental rights, as enshrined in Article 23, which prohibits any form of forced labour or begar.

The judgment referred to the Supreme Court's interpretation of Article 23 in the case of People's Union For Democratic Rights v. Union Of India, reinforcing that any work extracted without remuneration constitutes begar. The Court stated that the State's defence, citing pending writ proceedings as a reason for non-payment, was legally untenable.

The High Court's order mandates the release of withheld salaries by December 4, 2025, failing which the petitioners are entitled to litigation costs. The Court refrained from imposing exemplary costs but acknowledged the repeated grievances faced by the petitioners due to unlawful salary withholding.

The ruling not only ensures justice for the petitioners but also sets a precedent reinforcing the constitutional prohibition against forced labour practices. Legal experts view this decision as a significant affirmation of employee rights and a reminder of the constitutional safeguards against exploitation.

Bottom Line:

Non-payment of salaries to employees for an extended period amounts to violation of Article 23 of the Constitution of India, which prohibits begar and forced labour in all forms. Employees cannot be compelled to work without remuneration.

Statutory provision(s): Article 23 of the Constitution of India, Section 131 of the Karnataka Education Act 1983

Shri. Anil v. State of Karnataka, (Karnataka)(Dharwad) : Law Finder Doc Id # 2812225