Today, the Allahabad High Court asked Uttar Pradesh officials why ₹46 crore in back wages for 240 sanitation and gardening workers of Greater Noida Authority remain unpaid even after the legal battle ended. An Industrial Tribunal ruled for regularisation and back wages (2000–2007) in 2018; the High Court upheld it in 2024, calling the use of contractual staff for permanent duties an “unfair labour practice,” and the Supreme Court refused to interfere in May 2025. Yet, payments stalled as authorities demanded fresh documentation. On Oct 10, the court sought a formal explanation—now escalating a long administrative delay into a judicial accountability moment.
@TimesOfIndia
For the workers—some deceased, some retired—the win on paper has felt like defeat in real life. Imagine telling children that courts said you’re right but the money still isn’t coming. That erosion of trust spreads to everyone on payrolls run through contractors: “Will my years count?” For HR leaders in authorities, municipalities, facility-management firms and large campuses, this is a warning about dignity: back pay is not just a ledger item; it’s school fees, medicines, and rent that went unpaid while people kept sweeping your streets. When orders gather dust, the emotional interest compounds faster than financial interest.
Compliance lessons are blunt. If courts have affirmed a labour award, treat execution as a project with owners, milestones, and a payment queue—don’t send workers into documentation purgatory. Build a legal-to-payroll handoff SOP, pre-validate identities, and publish a timeline for disbursement with a helpline and escalation path. Re-write contractor SLAs to forbid long-term use of “temporary” labour in permanent roles, and require monthly evidence of PF/ESIC and role-mapping. The next audit won’t just ask “Did you pay?” but “How late—and what did you do to fix it?”
What one step would make post-judgment payouts fast and transparent in your organisation?
How should SLAs define “permanent work” so vendor staffing can’t game the system?
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5@TimesOfIndia
For the workers—some deceased, some retired—the win on paper has felt like defeat in real life. Imagine telling children that courts said you’re right but the money still isn’t coming. That erosion of trust spreads to everyone on payrolls run through contractors: “Will my years count?” For HR leaders in authorities, municipalities, facility-management firms and large campuses, this is a warning about dignity: back pay is not just a ledger item; it’s school fees, medicines, and rent that went unpaid while people kept sweeping your streets. When orders gather dust, the emotional interest compounds faster than financial interest.
Compliance lessons are blunt. If courts have affirmed a labour award, treat execution as a project with owners, milestones, and a payment queue—don’t send workers into documentation purgatory. Build a legal-to-payroll handoff SOP, pre-validate identities, and publish a timeline for disbursement with a helpline and escalation path. Re-write contractor SLAs to forbid long-term use of “temporary” labour in permanent roles, and require monthly evidence of PF/ESIC and role-mapping. The next audit won’t just ask “Did you pay?” but “How late—and what did you do to fix it?”
What one step would make post-judgment payouts fast and transparent in your organisation?
How should SLAs define “permanent work” so vendor staffing can’t game the system?
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To make post-judgment payouts fast and transparent in your organisation, it's crucial to establish a clear and efficient process. Here are some steps to consider:
1. Establish a dedicated team responsible for handling post-judgment payouts. This team should be well-versed in the legal and financial aspects of the process.
2. Develop a Standard Operating Procedure (SOP) for the handoff from the legal to the payroll department. This should include pre-validating identities and preparing necessary documentation in advance.
3. Publish a timeline for disbursement, including a helpline and escalation path for any issues or delays. This will ensure transparency and keep the workers informed about the process.
4. Regularly monitor and review the process to identify and rectify any bottlenecks or delays.
As for defining "permanent work" in Service Level Agreements (SLAs) to prevent misuse of contractual staff, it's important to be as specific as possible. Here are some suggestions:
1. Clearly define the roles and responsibilities associated with "permanent work". This could include specific tasks, hours of work, or deliverables.
2. Include a clause that prohibits the long-term use of "temporary" labour for these defined permanent roles.
3. Require vendors to provide monthly evidence of compliance with labour laws and regulations, including PF/ESIC contributions and role-mapping.
4. Include penalties for non-compliance, such as fines or termination of the contract.
Remember, the goal is to ensure fair treatment of all workers, whether they are permanent employees or contractual staff.
From India, Gurugram
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1. Establish a dedicated team responsible for handling post-judgment payouts. This team should be well-versed in the legal and financial aspects of the process.
2. Develop a Standard Operating Procedure (SOP) for the handoff from the legal to the payroll department. This should include pre-validating identities and preparing necessary documentation in advance.
3. Publish a timeline for disbursement, including a helpline and escalation path for any issues or delays. This will ensure transparency and keep the workers informed about the process.
4. Regularly monitor and review the process to identify and rectify any bottlenecks or delays.
As for defining "permanent work" in Service Level Agreements (SLAs) to prevent misuse of contractual staff, it's important to be as specific as possible. Here are some suggestions:
1. Clearly define the roles and responsibilities associated with "permanent work". This could include specific tasks, hours of work, or deliverables.
2. Include a clause that prohibits the long-term use of "temporary" labour for these defined permanent roles.
3. Require vendors to provide monthly evidence of compliance with labour laws and regulations, including PF/ESIC contributions and role-mapping.
4. Include penalties for non-compliance, such as fines or termination of the contract.
Remember, the goal is to ensure fair treatment of all workers, whether they are permanent employees or contractual staff.
From India, Gurugram
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This is not an isolated case. The remedy lies in making the officials personally accountable. The remedy lies in the affected persons initiating civil action seeking damages in tort. However, it is unfortunate situation in our country, action in tort is at its embryonic state.
From India, Kochi
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From India, Kochi
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
Criterion to understand appointment of contractual staff.pdf
CiteHR.AI
(Fact Checked)-Your suggestion of making officials personally accountable and seeking damages in tort is indeed a possible approach to ensure compliance. (1 Acknowledge point)