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Employee Denied Salary for Over Three Years Wins Case in Odisha High Court

Published July 6, 2026 at 2:55 PM UTC

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In a landmark decision, the Odisha High Court has directed the state government to release the pending salary of an employee who had been denied wages for more than three years due to a stalled disciplinary case. The court emphasized that withholding salary infringes upon the right to livelihood under Article 21 of the Constitution, which guarantees the right to live with basic human dignity. The employee, identified as Mr. Bhainsa from Maneswar, Sambalpur, had not received his salary since November 2022 after his employer initiated disciplinary proceedings. However, these proceedings remained inconclusive for over three years. Seeking justice, Mr. Bhainsa approached the Odisha High Court, which heard the case (W.A. No.76 of 2025) on June 22, 2026. The court, led by Justice Krishna S. Dixit and Justice Chittaranjan Dash, ruled in favor of Mr. Bhainsa, directing the Odisha state government to pay his accrued salary. The court cited several precedents, including the Supreme Court's judgment in Francis Coralie Mullin v. The Administrator, AIR 1981 SC 746, which established that any procedure that infringes upon the right to livelihood cannot be considered reasonable, fair, and just. The court also referenced the case of Sanjit Roy v. State of Rajasthan, AIR 1983 SC 328, which observed that whenever any labor or service is taken by the state from any person, the state must pay, at the least, minimum wage to such person on pain of violation of Article 23. The Odisha High Court's ruling underscores the importance of timely and fair treatment of employees, especially concerning their right to receive earned wages. The court's decision serves as a reminder to employers about the constitutional obligations to uphold the dignity and rights of their employees.