The Bombay High Court on Thursday held that non-payment of salaries to city transport workers by the civic body is a case of gross mismanagement and directly affecting the fundamental right to human livelihood under Article 21 of the Constitution. Directed the Solapur Municipal Corporation (SMC) to deposit Rs 8 crore in its registry against arrears of unpaid salaries of around 300 employees for almost four years.
The court said that until such deposit or payment is made, the corporation should put a halt to the expenditure on all activities except those related to essential civic amenities.
A single bench of Justice Girish S Kulkarni on Thursday passed an order on a contempt petition filed by ‘Lal Bawta Mahanagar Palika’, a trade union for employees of Solapur Municipal Corporation Transport Undertaking, in which senior advocate Gayatri Singh along with advocate Deepali reasoned through. SK and Ronita Bhattacharya, Commissioner of SMC for not complying with the order passed by the Industrial Court at Solapur in December, 2017.
The Industrial Court had restrained the civic body from adopting “unfair labor practices” and directed it to pay monthly wages to worker members of the trade union as well as transport workers in phases by August 2018. The court also asked the SMC to pay 50% of the pending salary to the employees from July 2017 to January 10, 2018. In May 2018, the High Court upheld the Industrial Court’s order.
SMC’s advocate IM Kharadi submitted that due to the financial difficulties of the Municipal Corporation, the Respondents could not clear the arrears and/or the regular salary. However, he did not deny that the concerned employees are discharging their duties regularly.
After hearing the submissions, Justice Kulkarni observed, “The situation is quite shocking as there is no dispute that such employees are discharging their duties, however, they have not been paid their salaries… is undecided. In a civilized society and that too in the hands of a public body. It is quite surprising that no salary has been paid to such employees for the period between November, 2017 to October, 2021, however, they are discharging their duties out of fear of losing their jobs… a perceived bad Financial situation may not be the answer. Or the justification of this situation.”
Seeking compliance of the directions, the HC posted further hearing in the matter to November 15.
.