Unilateral deduction of salary by University for contribution to CM Relief Fund amounts to illegal deduction: Calcutta High Court

The Calcutta High Court on Tuesday held that an employer does not have the power or the authority to deduct any portion of an employee’s salary unilaterally under the garb of donation to Chief Minister Relief Fund (Sudipta Bhattacharyya vs. Visva-Bharati)..Justice Amrita Sinha observed that if a donor’s act is involuntary and a result of force, the deduction is unlawful and differs grossly from donation..The Court made these observations while hearing a plea by Adhyapakas from Visva Bharati University, Shantiniketan praying for a refund of one day’s salary deducted by the University with the aim of donating to the Chief Minister Relief Fund, West Bengal in aid of the people affected by cyclone Amphan that hit Kolkata and several districts of West Bengal in May 2020..The single-judge held that the since the petitioners are employees of the University, they are entitled to receive a fixed and definite basic pay at the end of each month.“An employee is paid salary in lieu of the service rendered. The same is a valuable right in the hand of the employee.”.The Court discussed the meaning of the word “donation”, observing that donation must be a voluntary act by a person who intends to donate.“The apparently noble work to stand by the needy got marred due to overzealous action of the University. The same certainly does display the Rabindrik tradition which the University boasts of,” remarked Justice Amrita Sinha, criticizing the University’s actions..The petitioners contended that the University did not have the power or authority to deduct their salaries unilaterally and the action was wholly without jurisdiction..On the other hand, the Counsel for the University submitted that the deduction was made under Section 14(3) of the Visva-Bharati Act, 1951 that permits the Vice-Chancellor to exercise any power conferred on any authority of the University if immediate action is necessary on any matter..It was also submitted that the petitioners did not exhaust available remedy before approaching the Court, detailing that the Act provides for an appeal from the actions of the Vice-Chancellor to the Karma-Samiti (Executive Council) within ninety days of the action..However, it was brought to the Court’s notice that the Petitioners’ Association had immediately made a representation before the University’s Registrar objecting to the unilateral salary cut and requesting a choice in the matter..The representation was ignored and a subsequent notice by the University was published invoking the Vice-Chancellor’s powers under Section 14 (3) of the Act and noting that the permanent employees of Visva-Bharati are expected to donate a day’s salary in keeping with the Rabindrik tradition and objectives of the University..However, Justice Amrita Sinha did not find force in the University’s arguments.As per the findings of the Court, the expression “any matter” under the Act would still mean any matter authorised by law and the Vice-Chancellor did not have unbridled power to act contrary to law.It was noted that the Act does not permit the University to suo motu deduct portions of an employer’s salary under the garb of donation.The Court also observed that the term, “expected to donate” as mentioned in the second notice cannot be treated as a mandate..Despite the detailed findings recorded by the Court, it refrained from issuing directions to refund the amount deducted from the petitioners' salaries..This was on account of the fact that the amount had been deducted in May 2020, and by the time the matter was decided the amount may have been used for the aid of the needy and the organisation that received the money will not be able to refund the already utilised money..The Court concluded its observations noting that in these unprecedented times being faced by the Country, it is certainly desirable for citizens to help the needy. However, the benevolent act of donation must be of the donor’s free will and must not be obtained by coercion..[Read Order]