New Delhi, Dec 21:
The Madurai Bench of the Madras High Court has sharply criticised the Madurai City Municipal Corporation for failing to clear long-pending professional fee bills of its former standing counsel, holding that non-payment of dues violates basic principles of fairness and justice.
Delivering the judgment on December 19, Justice G R Swaminathan underscored the moral and legal obligation of employers to ensure timely payment to those who render services.
The case was filed by advocate P Thirumalai, who served as standing counsel for the Madurai City Municipal Corporation for over 14 years, from 1992 to 2006, during which he represented the civic body in hundreds of cases before courts in the Madurai district. Despite rendering extensive legal services, Thirumalai alleged that the Corporation failed to clear his professional fee bills. While the total amount payable stood at ₹14.07 lakh, only ₹1.02 lakh had been paid, leaving ₹13.05 lakh unpaid for several years. He first approached the High Court in 2006 seeking settlement of his dues.
While examining the matter, the Court strongly criticised the manner in which government bodies spend public money on legal representation. Justice Swaminathan pointed out the routine engagement of senior advocates even in matters where their presence was not warranted, while authorities simultaneously plead financial constraints to deny legitimate payments.
“The university, which is pleading that its financial situation is such that it is unable to pay the dues of its retired staff, has no difficulty in paying exorbitant fees to its counsel,” the judge observed.
He further noted that senior law officers were being unnecessarily engaged even for minor matters. “Additional Advocate Generals appeared even for small cases where their presence was not really required and where even a novice government counsel could handle,” the Court remarked, calling for an audit to ensure transparency and accountability in public spending on legal fees.
Coming to the petitioner’s case, the Court recorded that Thirumalai had appeared in as many as 818 cases on behalf of the Corporation. It also took note of submissions that the lawyer was facing severe financial hardship and could not even afford the cost of obtaining certified copies of court records to substantiate his claims.
While granting relief, Justice Swaminathan invoked a moral principle attributed to Prophet Muhammad, stating, “Pay the worker before his sweat dries.” Explaining its relevance, the judge said the principle reflects basic fairness and is eminently applicable to labour jurisprudence and to the case at hand.
Adopting a practical approach, the High Court directed the Legal Services Authority attached to the Madurai District Court to verify the list of cases handled by the petitioner and obtain certified copies of relevant records within two months. After verification, the Madurai City Municipal Corporation was directed to settle the verified amount within a further period of two months, clarifying that the payment would be made without interest.
