Extracting Services From Employee Without Paying Remuneration Amount To Beggar Prohibited Under Article 23: Karnataka HC [Read Order]

Justice Krishna S Dixit while quashing a circular issued in 2015, said

"The right of an employee to the monetary gains of over time service has proprietary character; withholding the amount payable therefor amounts to acquiring property sans compensation; therefore, the same is violative of Article 300-A of the Constitution of India."

A driver, G.M.Poovaiah, had approached the court.

"It is not in dispute that the petitioner during the relevant period had put in over time service in the onerous job of driving; his claim for the grant of over time allowance is rejected quoting the aforesaid Circular, which does not have force of law, nor justification; a legal claim of an employee cannot be negatived by quoting such a Circular," the bench observed.

Justice Dixit, directed the respondent to consider and grant the allowance to the petitioner within a period of eight weeks. If delay in obeying the mandamus is brooked, first respondent (Managing Director), shall be liable to pay a sum of Rs.20,000, to the petitioner in addition to amount payable, as allowance and that the same may be recovered from the erring officials."

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