Observing that the government must behave like a “model employer” and lack of funds cannot be a reason to deny its employees payment of dues, Supreme Court The West Bengal government on Thursday directed the West Bengal government to pay family allowance (DA) to its employees during 2008-19.A bench of Justices Sanjay Karol and Prashant Kumar Mishra ordered that the first installment should be paid by March 31 and appointed a committee comprising former Justice Indu Malhotra, former Chief Justice of Jharkhand High Court Tarlok Singh Chauhan, former High Court Justice Goutam Bhaduri and the Comptroller and Auditor General of India to monitor the implementation of the order.The SC rejected the Bangladesh government’s plea of lack of funds and said the country could not shirk its responsibility to disburse development aid citing financial difficulties as it was an obligation arising from its own regulations. “It is often recognized that the state must behave like a ‘model employer’ and set an example for other employers in the country. Given all the advantages it possesses, achieving such status should not be difficult. Its strength lies in the volume of employment, the sovereign/constitutional power to tax, the ability to borrow and manage public finances… leading by example and meeting its fiscal responsibilities in times of financial stress, giving it the moral authority to wield the sword of the law against private entities if they fail to do so.”The SC said that the minimum expectation from a democratic state is that it fulfills its obligations and commitments arising from legislative or judicial decisions, as these obligations are not arbitrary. “This clear stand protects such statutory obligations as the government will undoubtedly face tough times in certain situations if the excuse of limited financial capacity can be readily availed of, which will render these obligations illusory. This proposal will be extremely dangerous and stifling when it comes to dues of employees as the amount received thereby is not an act of alms or charity but compensation/remuneration earned for services rendered,” it said.
