Madurai, Tamilnadu: Supreme Court Issues Stern Warning: “Pay the Wages Before the Sweat Dries”

The Madurai Bench of the Madras High Court has issued a stern directive to the Madurai City Municipal Corporation to pay long-overdue professional fees to its former standing counsel, P. Thirumalai. Justice G. R. Swaminathan, while delivering the judgment on December 19, stated that failure to pay a professional on time violates the fundamental principles of fairness and justice.

In its order, the court cited the principle: “Pay the wages before the sweat dries”, noting that this is also a directive from Prophet Muhammad ﷺ. The court emphasized that this means any work must be compensated promptly, without delay or procrastination, and recognized it as both a legal and moral obligation.

P. Thirumalai served as the standing counsel for the Corporation from 1992 to 2006, representing it in nearly 818 cases. According to him, out of a total fee of ₹14.07 lakh, only ₹1.02 lakh had been paid, leaving ₹13.05 lakh unpaid for years. He had first approached the court for payment back in 2006.

The court directed the Corporation to settle the verified outstanding amount within two months, adding that no interest would be payable due to the significant delay in filing the claim.

The judgment also criticized government bodies for often paying high fees to senior advocates while delaying payments to long-serving professionals, calling it “strange” and an unjust use of public funds.

Additionally, the court instructed the Madurai District Legal Services Authority to assist in submitting certified copies and preparing a verified fee bill so that the Corporation could make the payment promptly.

This order serves as a significant example of the judiciary safeguarding professionals’ rights and the principle of timely payment, sending a clear message to government departments and local bodies to ensure regular and fair payment for contracted services.

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