The Madhya Pradesh High Court on 11th September observed the claim of remuneration for discharge for duty by an employee and said that the employee need not establish the legality of his appointment or continuance in service to enforce a right to claim remuneration for the work discharged but the only discharge of duties has to be established.
Ruby Jadon claimed that she was appointed as Data Entry Operator for three months at the Child Surgery Unit in Government Medical College Gwalior. When the three months were completed there was no order issued for extension but was allowed for 12 months to discharge the duties but she was not paid a salary for 12 months.
The subject matter of the petitioner was that she was not paid a salary despite having discharged her duties. She raised the ground of Article 23 of the Constitution of India that she was subjected to beggar which is prohibited and gave reference to State of Gujarat & Another vs. Hon’ble High Court of Gujarat, AIR 1998 SC 3164, and People’s Union For Democratic Rights vs. Union of India AIR 1982(3).
The respondents argued that the petitioner was appointed only for three months so after that her appointment came to an end and so the petitioner should not claim salary for the extended period.
They also said that it was the incompetency of the Chief Medical and Health Officer, Gwalior to issue an appointment letter to the petitioner.
The Court acknowledged Article 23 and states that it prohibits beggar and forced labor also such offenses are punishable under law. The Court said that the petitioner worked from August 2018 to July 2019 and certificates provided by her were genuine and reveal reality. So the petitioner’s claim for that period is justified.
The respondents have to pay Rs. 10,000 salary per month. This should be transferred to the bank account of the petitioner within 30 days from the date of the copy of this order. The respondents were guilty of beggar which is prohibited so the petitioner was entitled to the interest rate of 10% per annum over the arrears of the salary. They should pay Rs. 10,000 as a donation which would help the members of the Bar who are facing financial distress due to lockdown.