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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Anil S/o. Mallappa Kanawade – Appellant
Versus
State of Karnataka, Department Of Primary And Secretary Education – Respondent
| Table of Content |
|---|
| 1. application for mandamus to release withheld salaries. (Para 1 , 2) |
| 2. background of the petitioners' employment and salary issues. (Para 3 , 4 , 5 , 6) |
| 3. petitioners' legal representation and dispute over unpaid salaries. (Para 7) |
| 4. analysis of forced labour and non-payment of salaries. (Para 9 , 11) |
| 5. interpretation of article 23 regarding forced labour. (Para 10 , 14) |
| 6. court's conclusion to provide a mandamus for salary release. (Para 12 , 15) |
ORDER :
M.NAGAPRASANNA, J.
1. The petitioners are before this Court seeking the following prayer:
“a). Issue a Writ in the nature of Mandamus or any other appropriate writ or order or direction, by directing the Respondents No. 2 to 5 herein to pass necessary order by releasing the monthly salary of the Petitioner from the month of May 2024 to till this month which is wrongly withheld by them.
b) Issue such any other Writ or order or direction that this Hon’ble Court may deems fit in the facts and circumstances of this case, in the interest of justice and equity.”
2. Heard Smt. Vaibhavi Inamdar, learned counsel appearing for the petitioners; Smt. Girija S.Hiremath, learned HCGP appearing for respondent Nos.1 to 4; & Shri Kisho
The State's withholding of salaries for teachers for 19 months constitutes forced labour, violating Article 23 of the Constitution, which prohibits such practices.
The court held that withholding salaries for work is a violation of Article 23, equating it to forced labour, and mandated immediate payment to uphold human dignity.
The central legal point established in the judgment is the obligation to pay appropriate wages/salary to individuals who discharge duties as assigned by the employer, irrespective of the legality of ....
Point of law: Affirmative action to make the remedy effective is of the essence of the right which otherwise becomes sterile. A responsible municipal council constituted for the precise purpose of pr....
Teachers are entitled to be paid salary from the date of creation of the post. An executive order cannot override express statutory provisions. The right to livelihood, including the right to receive....
Salary for government employees is a property right protected under the Constitution, and cannot be deferred by executive orders without legislative authority.
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
The State cannot withhold employees' remuneration based on procedural delays; doing so violates their fundamental rights.
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