Non-Payment of Salary to Employee Amounts to Begar under Article 23 and is Impermissible

In this case, an employee under the State of Rajasthan was denied salary since 2016 despite rendering services.

The High Court ruled that this amounts to exploitation and violation of fundamental rights under Articles 21 and 23.

The Court referred to Maneka Gandhi v. Union of India, and Olga Tellis v. Bombay Municipal Corpn., where the Supreme Court recognised the right to livelihood as a fundamental right.

The Court emphasized that non-payment deprives an employee of livelihood and amounts to forced labor, or "begar," which is prohibited under Article 23.

The State was ordered to pay the due salary immediately and warned of strict action, including contempt proceedings, for non-compliance.