Financial difficulties cannot be a ground for non-payment or delayed payment of wages to workmen - Bombay High Court   Aug 28, 2020

Financial difficulties cannot be a ground for non-payment or delayed payment of wages to workmen

In the case of Hind Kamgar Sanghatna v State of Maharashtra, a petition filed for payment of full wages, a Division Bench of the Hon'ble High Court has held that :

a.  Payment of full wages is a Fundamental Right of a worker under Article 21 of the Constitution. 

b.  Financial difficulties of employer cannot be a ground for non-payment or delayed payment of wages to workmen. It cannot be made contingent upon receipt of export orders by employer.

c.  Deferred payment of wages or by way of instalments would violate Article 21 of the Constitution.

This judgment would have serious implications in the current pandemic situation where employers have been finding it difficult to pay wages.

Text of the judgment dated 19th August 2020 is attached