The Delhi High Court has castigated the Delhi Sikh Gurdwara Management Committee (DSGMC) for its failure to adhere to a prior court order that mandated the payment of outstanding salaries to the staff of Guru Harkrishan Public School (GHPS). The court’s reproof was directed towards the DSGMC’s President Harmeet Singh Kalka and General Secretary Jagdeep Singh Khalon, who were found guilty of contempt for not fulfilling the court’s directives regarding salary payments as per the 6th and 7th Pay Commission recommendations.
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Justice Navin Chawla’s judgment underscored the stark contrast between the teachings of Sikhism and the actions of the DSGMC. The court remarked,
“There is no point of such philanthropic activities and values when its own teachers and staff of the schools, who are helping to lay down the foundation of a good and progressive society by imparting education and instilling moral values to young students and helping in running the said institutions, are ill-treated and not given their rightful dues, on the other hand are rather made to suffer the agony of approaching this Court repeatedly for the same.”
The court’s decision came after a series of petitions filed by the staff of the 12 schools run by GHPS Society, which alleged non-compliance with the High Court’s order dated November 16, 2021. This order required the GHPS and DSGMC to pay their salaries and arrears as per the recommendations of the pay commissions. Despite assurances given to the court, the DSGMC and the school management failed to comply, leading to the current contempt proceedings.
The court observed that the DSGMC’s failure to pay the staff was not just a breach of judicial orders but also a reflection of “gross mis-management” within the organization. Justice Chawla pointed out,
“The financial incapacity to clear the arrears and pay even the current dues, as pleaded by the respondents, only strengthens the belief of this Court that there is gross mis-management of the affairs of the schools, GHPS (ND) Society, and to some extent, even of the DSGMC.”
In light of these findings, the court has ordered a forensic audit of the GHPS Society and the 12 schools it operates from April 2020 to December 2023 to ensure financial transparency and accountability. Additionally, the court has mandated the DSGMC to provide the necessary funds to the GHPS Society to ensure that employees, including teachers, are paid according to the CPC recommendations and that all arrears are cleared.
The court further emphasized the DSGMC’s primary responsibility towards its employees, stating,
“It is further clarified that amongst other philanthropic activities that DSGMC claims to be conducting, the duty to discharge the dues of the employees, including the teachers of the GHPS (ND) Society and its schools, shall be primary in nature, meaning thereby that other activities, even if they are needed to be reduced or stopped, it shall be so reduced or stopped by the DSGMC in order to provide requisite funds to the GHPS(ND) Society and the schools to pay the dues, including arrears and interest, to the staff and the teachers of the schools.”
This ruling serves as a stern reminder to religious and community organizations of their obligations towards their employees, particularly in the educational sector. The Delhi High Court’s decision reinforces the principle that organizations must align their practices with their preached values, ensuring that their employees, who contribute to the societal good through education, are treated fairly and with respect.
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CASE DETAILS:
Case title-Mrs Tejinder Pal Gujral v S Manjinder Singh Sirsa & Ors + Connected matters
Appeared for Department of Education- Advocates Naushad Ahmed Khan, Pragya Dubey, Latika Chaudhary, Yeeshu Jain, Jyoti Tyagi, Hitanshu Mishra, Sujeet Kumar Mishra, Utkarsh, Pankaj Balwan, Gaurav Dhingra, V Balaji, Nizamudding, Pankaj Balwan and Gaurav Prakash
Represented Delhi Singh Gurdwara Management Committee- Advocates IS Alag and Kirti Uppal as well as advocates Avneet Kaur, Abhinash K Mishra and Gaurav Kr Pandey.
Represented Delhi Government – Standing Counsel (Service) Avnish Ahlawat and advocates Tania Ahlawat, Nitesh Kumar Singh, Laavanya Kaushik, Aliza Alam and Mohnish Sehrawat.
