Court reinforces that denial of wages breaches Articles 21 and 23, upholding constitutional rights to dignity and fair remuneration.
In a landmark judgment, the Orissa High Court has fortified the rights of employees by ruling against the State of Odisha in an appeal concerning the withholding of salary during disciplinary proceedings. The Division Bench, comprising Justices Krishna S. Dixit and Chittaranjan Dash, dismissed the State's appeal, thereby affirming the decision of a Single Judge to mandate the payment of accrued salaries to respondent Sunil Kumar Bhainsa.
The court observed that the non-payment of wages, which had been due since November 2022, constitutes a violation of the fundamental rights enshrined in Articles 21 and 23 of the Constitution of India. Article 21 guarantees the right to life, which extends to the right to live with dignity, including the timely payment of wages for services rendered. Article 23 prohibits forced labor, emphasizing that any labor without remuneration falls under its ambit.
The judgment drew heavily on precedents set by the Supreme Court, referencing cases such as Olga Tellis v. Bombay Municipal Corporation and People's Union for Democratic Rights v. Union of India. These cases underline that the right to livelihood is an integral part of the right to life, and any denial of wages for work done amounts to "forced labor," which is constitutionally impermissible.
The Bench also noted the State's delay of 231 days in filing the appeal, which lacked a reasonable explanation, leading to its dismissal. The court underscored that the State, as a model employer, cannot deny wages to an employee, irrespective of ongoing disciplinary actions.
The judgment reaffirms the principles of fairness and justice in employer-employee relationships, emphasizing that salary payments are a constitutional obligation. The court directed that the order of the Single Judge be complied with within eight weeks, ensuring the respondent receives his due compensation.
This verdict reiterates the judiciary's commitment to upholding employees' rights and ensuring that their dignity and livelihood are protected under the Constitution.
Bottom line:-
Right to livelihood under Article 21 includes the right to receive salary for services rendered, and the denial of wages for work done violates Articles 21 and 23 of the Constitution, which guarantee the right to dignity and prohibit forced labour.
Statutory provision(s): Articles 21, 23 of the Constitution of India.
State of Odisha v. Sunil Kumar Bhainsa, (Orissa)(DB) : Law Finder Doc id # 2929660
