Deprivation of Salary Violates Workers' Rights under Article 21, 23 and 300-A of the Constitution: Uttarakhand High Court

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Recently Uttarakhand High Court in the case of Uttarakhand Roadways ‘Karamchari Union vs State of Uttarakhand’, has reminded the State Government and the State Transport Corporation that depriving the workers of the corporation of their salaries is a violation of their rights under Article 21, 23, and 300- A of the Constitution of India. The issue was raised when Uttarakhand State Transport Corporation didn’t disburse the salaries to the employees working under it between Feb 2021 to June 2021.

The division bench of Justice ‘Raghvendra Singh Chauhan and Justice Alok Kumar Verma’emphasized the fact that neither the State Government nor the Transport Corporation has the right to oust the employees of their rightful salaries. The honorable bench has relied on the case of ‘Kapila Hingorani vs State of Bihar, 2003’ where it was earlier held by the Supreme Court that State cannot be permitted to violate the fundamental rights and human rights of the employees. It cannot be permitted to hide behind the fig leaf to claim that the responsibility of paying the salaries of their employees is that of the Corporation, and not of the State Government

The court also placed responsibility on the Union of India to take a dedicated step to resolve the issue between both the state governments.