Employer's obligation to pay wages and provide benefits to employees.

Heard Sri Umesh Chandra Singh, learned Counsel for the petitioners.

2. A group of employees of Nagar Palika Parishad, Nawabganj, Barabanki has filed this writ petition, seeking payment of their wages, Bonus, over time dues and have raised several other grievances in this writ petition.

3. According to learned Counsel for the petitioners, even the contribution towards the P. F. has not been made by the employer and the amount deducted has not been forwarded to the Provident Fund.

4. This writ petition was entertained on 13-12-2004. Sri Rakesh Srivastava, learned Counsel for the Nagar Palika Parishad had sought six weeks time to file counter-affidavit. No counter-affidavit has been filed till date.

5. The petitioners have placed a chart showing their salary claims. This Court has taken judicial notice of the fact that Nagar Palika Parishad, Nawabganj, Barabanki is not paying post retiral benefits to its employees. Now this is a writ petition filed by the active workers except one petitioner No. 13, Sakir Ali who has retired.

6. It is surprising to note that despite continuance of employer-employee relations, the employees are deprived of their salary. On being asked, learned Counsel for the petitioner has submitted that the reason given to the employees that the Nagar Palika Parishad is facing financial difficulties. Budgetary grant is insufficient to pay wages to its employees.

7. The learned Counsel for the petitioner had drawn attention of this Court to the fact that the employees and their families are at the verge of starvation. Even the employees appointed under dying in harness rules have not been paid their wages regularly.

8. In view of above, as an interim measure, I direct the opposite parties No. 4 and 5 to consider the matter of payment of salary to the petitioners and pass appropriate orders. The petitioners shall be paid their salary, if they are in service and their names exist in the establishment list of Nagar Palika Parishad, Nawabganj, Barabanki. They shall be paid their current salary w. e. f. 1-1-2005 immediately within two weeks from the date of production of a certified copy of this order. As far as the arrears of salary are concerned, the opposite party No. 2, i. e. the Director, Local Bodies, Lucknow is directed to consider the matter, call for the report from the Nagar Palika Parishad, Nawabganj, Barabanki and pass appropriate orders in this regard. If it is required necessary, the Director, Local Bodies may send the report to the State Government for taking appropriate action against the Nagar Palika as per relevant provisions of the U. P. Municipalities Act, 1916 as amended upto date.

List in the month of May, 2005.

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