Denial of pending salary.
BRAJENDRA SINGH
(Querist) 17 May 2008
This query is : Resolved
I along with other suffering employees is employed with a U.P. State owned undertaking M/s. Uptron India Limited.
Company with cent percent share holding with the state of Uttar Pradesh, is not disbursing salaries since June 1998. Further management says that salaries would be given subject to availability of funds to this account from the State Government.
We had filed case against the State Government for the want of salary , which was ruled in our favour by the State High Court.
But in furtherance of SLP filed by the State Govt. before Hon'ble Supreme Court maintained that State Govt. is not liable towards the pending salary for Public Sector undertakings as its employees are not govt. servants.
we are in a position when State is not liable for pending salary even then management is giving the plea that saalary would be given subject to availability of funds from the state.
Kindly guide us what we should do?
BRAJENDRA SINGH
H. S. Thukral
(Expert) 18 May 2008
Right to life also includes right to livelihood. Under Article 21 invoke writ juridiction of HC under 226 or move SC under Art 32 making both UPTRON as well as state government as parties.
