Keraleeya Samajam & Anr. v. Pratibha Dattatray Kulkarni (Dead) through LRs & Ors.
Background
A school management challenged a Bombay High Court order which held that its teaching and non-teaching staff were entitled to wages as per the Maharashtra Employees of Private Schools (Condition of Service) Regulation Rules, 1981, and directed the Deputy Director (Education) to ensure payment. The management argued that arrears should be restricted to the three years preceding the filing of the writ petition. During the pendency of the special leave petitions, the management had already deposited over Rs. 3.27 crore (50% of the disputed arrears) with the Court, which was disbursed to the staff.
Decision Breakdown
The Supreme Court held that once the 6th Pay Commission recommendations became applicable, it was the management's duty to pay the revised wages without the staff having to repeatedly approach the Deputy Director (Education) for enforcement. Since the staff were compelled to approach the authorities only because the management failed to pay on its own, the management could not use that delay to limit the arrears to three years. The Court dismissed both special leave petitions and directed the management to clear the arrears within eight weeks, failing which interest at 9% would apply.
Lesson Learnt
An employer cannot escape its obligation to pay legally due wage revisions simply because the employee did not repeatedly chase enforcement: the employer's own inaction does not create a limitation shield against legitimate wage claims.