Institution That Cannot Pay Its Long Outstanding Salaries For Years, Draws Attention to Its Right To Continue As An Employer: Delhi High Court

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The Delhi High while hearing a plea filed by the Delhi Sikh Gurudwara Management Committee concerning non payment of outstanding amount to teachers under the Sixth Pay Commission for the past eight years, has directed that all teachers be paid their dues in two installments on June 15 and July 10, 2022. 

A Division Bench comprising Justice Najmi Waziri and Justice Vikas Mahajan observed, "An institution, which cannot pay its long outstanding salaries for years, which are statutorily due, draws attention to its financial stability and its right to continue as an employer."

Court further opined, "it is for the State Government to look into the matter and ensure that the educational institutions..... comply with and conform to the strict norms of law"

The counsel for the appellants argued that the educational institutions were run largely on contributions received through various religious congregations and from other philanthropic organisations and that the past two years had been rather difficult for them. 

However, the court observed that the payment which had to be first paid out related to 8 years ago and that surely that is a long time for the monies to be arranged. 

Court also expressed anguish over the fact that the 7th Pay Commission, which increased the monthly remuneration of teachers between 25% to 30%, has not even been commenced to be paid. "Why should teachers be denied this benefit for 8 years. Non payment of their just dues is unfair to them", observed the court.

The advocate for the appellants submitted that the arrears of approximately 25% under the Sixth Pay Commission shall be cleared by July 15. However, the court,while negativing said submissions, directed that the same be paid in two equal installments by June 15 and July 10, failing which the Chairman of the Delhi Sikh Gurudwara Management Committee, shall be present in the court on the next date. 

Court further directed that all retirement benefits to all retirees shall also be cleared by July 10, 2022. 

Case Title:- Delhi Sikh Gurudwara Management Committee & Ors v Ravinder Kaur Bhatia & Ors.  (LPA 302/2022)