Delhi HC: Salary Is A Fundamental Right; Denial Of Salary Not Allowed Even If Employer Has No Funds


The Delhi High Court’s latest ruling includes and impacts those currently serving, doctors and paramedics and health workers, covering the gamut of the country’s frontline workers working against the virus.

Vipin Sanghi and Rekha Palli, the ruling judges, admonished the city’s municipal bodies over their proffered explanation of “paucity of funds” when asked to justify the non payment of many frontline workers. 

The turmoil started with petitions filed against non payment of salary and pension. The guilty were recognized as top brass of North and East Delhi Municipal Corporations (MC).

So far the aforementioned entities have supplied simply “paucity of funds” as explanation, however the HC was having none of it as they pointed out Article 21 that granted every citizen the Right to Salary and Pension.

Employer Must Consider Salary As 1st Priority

They further insinuated that these workers were essential and it was also essential to give them the pay they earned, this must be prioritized over “discretionary” expenses incurred. 

HC proceeded to request the MCs involved to put forward the different heads of expenditure with respect to counselors and Class 1 & 2 officers along with expenditure on “perks” .

As of date of posting, situation is that the MCs have elected to go on an indefinite strike that began Jan 7. They demand answers over non compliance of payment and pension. 

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6 thoughts on “Delhi HC: Salary Is A Fundamental Right; Denial Of Salary Not Allowed Even If Employer Has No Funds”

  1. There should be strickest acti against the employers for non payment of the salaries to their employees
    A bill must be passed in the parliament to make this effective.
    A lot many educational institutions are violeting this.

  2. It is very true and right decision given by HC, otherwise how employees will servive , it should be on top priority to pay Salary , also it is equally important to pay on regular basis otherwise all saving , market as well as personal credit will loose and finally the whole system will collapse and last no one will.serive.

  3. Dear sir,
    Is this an IBC or Non IBC case,
    Because some lawers want to take the shelter of non IBC and trying to avoid referring.

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