Sunil Dattatrey Vs State of Rajasthan (Rajasthan High Court)
Rajasthan High Court, in Sunil Dattatrey v. State of Rajasthan, ruled that the non-payment of salary to an employee amounts to deprivation of livelihood, violating Article 21 of the Constitution. The case arose when the petitioner, despite a Tribunal order in 2021 directing the release of his pending salary, remained unpaid since 2016. The Court noted that withholding salary while availing services amounts to exploitation, violating the fundamental right to livelihood. The State authorities justified the delay by alleging that the petitioner failed to complete certain formalities, a claim the Court dismissed due to lack of evidence.
The judgment reinforced that the right to livelihood is an integral part of the right to life, citing Supreme Court rulings, including Maneka Gandhi v. Union of India (1978) and Olga Tellis v. Bombay Municipal Corporation (1986). The Court emphasized that depriving an employee of wages for work done violates Article 23, which prohibits forced labor (Begar). The ruling highlighted that fundamental rights cannot be waived, and State authorities cannot use bureaucratic delays to deny employees their rightful earnings.
The Court ordered the immediate release of the petitioner’s salary within a month, warning of contempt proceedings against top State officials if the directive was not followed. Additionally, it directed the Chief Secretary to withhold the salaries of officials responsible for non-compliance. The judgment reaffirms that no employer, including the State, can deny wages to employees under the guise of administrative formalities.
