Puran Chand and Others vs State of Haryana and Others

Rajesh Bindal, J.—The petitioners who are working in Municipal Committee, Nuh, have approached this court with a grievance that their salaries are not being paid regularly and the provident fund amount deducted from their salaries has not been deposited in the provident fund account. Further employer''s contribution of provident fund has also not been deposited. Learned counsel for the petitioners submitted that the salaries to the petitioners was not paid in time. Their salary for the month of January 2011 was paid in March, 2011, whereas the salary for the month of March, 2011 was paid in June, 2011. He further submitted that even the amount of GPF/EPF is not being deposited in time. The share of the provident fund which is deducted from the salaries of the petitioners has not been deposited with the provident fund department for the last more than 18 months. The share of employer towards the provident fund is due for the last more than two years. It was further submitted that earlier also similar problem was faced by the employees working in the Municipal Committee and an agreement was entered into between the Committee and the representatives of the employees wherein it was agreed that the committee shall pay salary and retiral dues to the employees regularly and also deposit the provident fund amount in the account along with interest immediately. But still the default continued.

Written statement on behalf of respondent No. 3 has been filed. It has been stated therein that a sum of Rs. 8,24,122/- has been deposited as pension share with the Director, Urban Local Bodies, Haryana, vide cheque no. 368815 dated 21.9.2012. The provident fund share of the employees for the month of August was deposited vide cheque No. 367241 dated 14.9.2012 and a sum of Rs. 21,745/- vide cheque No. 706816 dated 3.10.2012 towards pension share has also been deposited. It has been stated that due to poor financial condition, the salaries and other benefits could not be paid in time. He further submitted that in future the salary and other benefits will be paid without any delay.

The fact that the petitioners have been paid their upto date salaries has not been disputed by learned counsel for the petitioners. However, her apprehension is that in future the petitioners may face the same difficulty as on earlier occasions also the salary, pension and other benefits were not being paid regularly. The retired employees have no other source of income, except meager pension to which they are entitled to, even that is not paid in time.

Heard learned counsel for the parties and perused the paper book.

Salary or pension is not a bounty. It is a right of an employee/retired employee on account of service rendered by him. It is unfortunate that the cases are coming to the court where instrumentalities of the State are failing in their duty in paying salaries to low paid employees who with their meager income have to make both ends meet. In case even the salary or the pension is not paid on time, some times they are made to borrow, which results in further problems. Many a times, the employees who have raised loans from banks are not able to pay regular installments as a result of which either they may be declared defaulters or penal interest is charged from them.

In any establishment wherever one is working, the head of the department therein is like head of the family or captain of a ship. It is his duty to ensure that every one in the family has got his due and then he should take to whatever he is entitled to. In a sinking ship, the captain always remains aboard till such time he rescues all the occupants of the ship. But somehow the time has changed. Moral values have gone down. The heads of the departments are not concerned as to whether the junior most employees have got their salaries or not or that the retired employees have got their retiral dues. They are happy because their salaries are credited to their bank accounts regularly. But considering the plight of low paid employees and also the number of cases filed in the court with similar relief, in my opinion, certain strict actions are required to be taken, namely, that the head of the department will ensure that all the employees working under him get their salaries and other dues before he draws his salary. In case on account of any financial difficulty the salary or pension is withheld, it will not be starting from the low paid employees, rather at the first instance the salary of the senior most employee of the Committee which is stated to be the Executive officer shall not be disbursed and the amount thereof shall be transferred to the account from where salary/pension to the lowest paid serving or retired employee of the committee is being paid. In case there is still deficit, then the salary of the next senior most employee shall not be disbursed and the amount shall be disbursed as directed above. The provident fund amount either deducted from the salaries of the employee or as contribution of the employer shall always be deposited regularly in their accounts. Similar is the position with regard to the contribution towards pension fund. There is a rationale behind this. A well paid employee can tackle the situation where mere is some delay in payment of salaries, whereas it is difficult for a low paid employee.

The directions be complied with strictly. These are not restricted to the respondent Municipal Committee but to the State as well as its instrumentalities. Copy of the order be sent to the Chief Secretary, Haryana, for information and taking corrective steps wherever required.

The writ petition stands disposed of accordingly.