State Cannot Withhold Remuneration for Services Rendered Under Interim Court Orders as it Constitutes Prohibited Forced Labour.

The petitioners were appointed as Chairpersons/Members of Child Welfare Committees (CWC) and Juvenile Justice Boards (JJB) under the J&K Juvenile Justice Act, 2013, for a three-year term

Following the J&K Reorganization Act, 2019, the 2013 Act was repealed and replaced by the Central Juvenile Justice Act, 2015

Although their initial term expired on August 24, 2022, the petitioners continued to discharge their duties until March 28, 2023, on the strength of interim orders passed by the High Court in WP(C) No. 1742/2022 and related litigation

After their writ petition was dismissed on March 28, 2023, the petitioners ceased to function

The respondents subsequently rejected the petitioners' claim for remuneration for the period worked (August 25, 2022, to March 28, 2023) via Order No. 92-MV of 2024, citing the lack of a valid contract or formal extension

Whether the respondents are legally justified in denying remuneration/salary to the petitioners for the period they discharged their functions on the strength of an interim order passed by the Court

The Court primarily applied Article 21 of the Constitution of India, which guarantees the right to livelihood

It further relied on Article 23 of the Constitution, which prohibits ‘begar’ (forced labor without remuneration)

The Court also took cognizance of the principles established by the Division Bench in PIL No. 09/2013, which recognized that CWC and JJB members continuing under status quo orders exercise all valid powers under the JJ Act of 2015

The court reasoned that the factual performance of duties by the petitioners is undisputed

It noted that a Division Bench of the same Court had previously recognized the legal validity of the functions performed by these committees while they were in position via interim orders

The Court found the respondents' argument—that the absence of a contract or formal extension precluded payment—legally unsustainable

It held that extracting work without payment constitutes "exploitation" and "begar," which is prohibited under Article 23

As a model employer, the Government cannot avail itself of services via court orders and simultaneously deny payment, as such an act infringes upon the right to livelihood under Article 21

The Court quashed the impugned order dated December 13, 2024 and directed the respondents to release the remuneration for the period from August 25, 2022, to March 28, 2023, at the previously applicable rates. The payment must be released within two months, failing which it shall carry interest @ 6% per annum from the date of filing the petition