Prof. Shreekant Gupta Versus University of Delhi
Court / Forum : Delhi High Court
Citation : LPA 155/2020
Coram : Justice Manmohan and Justice Sanjeev Narula
Subject : Deduction of salary for PM CARES Fund
Date of Decision : 2021-06-16
Brief Facts
- The Appellant who was a professor in University of Delhi had filed a writ petition challenging the deduction of one day salary by the Respondent for contributing to the PM CARES Fund to combat COVID-19 pandemic
- The Appellant contended that the Respondent had deducted day's salary even in respect of those employees who had expressed their desire not to make a contribution and that voluntary contribution cannot be deducted without anyone's consent. The single bench of the Hon'ble High Court dismissed the writ petition vide order dated May 12, 2020.
- Aggrieved by the said order, Appellants preferred the present Appeal.
Issues
- Whether the Respondent can deduct salary of its employees for making contribution to PM CARES Fund?
Decision
- The Hon'ble High Court held that the deduction of one day's salary of the Appellant (i.e. Rs.7,500/-) cannot be said to be contrary to public interest or harsh or inequitable.
- The Hon'ble High Court also observed that a writ petition is not a statutory proceeding and a Court is not bound to entertain and allow the same if the cause espoused by the petitioner is contrary to public interest, which was the case in the present matter.
- Accordingly, the Hon'ble High Court dismissed the Appeal with liberty to the Appellant to file a suit for recovery.
Vipul Ganda is a Delhi based Advocate practicing largely at the Delhi High Court. His practice focus is Dispute Resolution and Litigation and his practice areas include Arbitration, Commercial, Civil, Constitutional, Corporate and Criminal Litigation.
