HC judge quotes Prophet Mohammed, directs Madurai corpn to pay lawyer''s fee

Madurai (Tamil Nadu), Dec 20 (PTI) Quoting a famous saying of Prophet Muhammad on prompt and fair payment upon completion of work, Justice G R Swaminathan has directed the Madurai corporation to settle the long-pending professional fee claimed by its former lawyer.

Judge Swaminathan of the Madurai Bench of the Madras High Court censured the practice of engaging advocates who charged a hefty sum for a single appearance in court and cited an instance wherein a senior counsel was paid Rs 4 lakh per appearance.

"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," he said.

Additional Advocate Generals appeared even for small matters where their presence was not really required and where even a "novice of the government counsel could handle," he observed.

"All this for a few pennies. Marking appearance is a matter of money. It is time an audit is undertaken regarding the payment of fees to the law officers," he noted.

Coming to the rescue of the civic body's former standing counsel P Thirumalai who sought a direction to the Madurai corporation to pay Rs 13.05 lakh due for him as fee for representing the civic body in numerous cases, judge Swaminathan in his order pronounced on December 19, said 'pay the worker before his sweat dries,' is an instruction attributed to the Holy Prophet (PBUH)." "This principle is only a facet of fairness and is eminently applicable in labour jurisprudence. It can also be invoked in the case on hand," he said.

The writ petitioner was the standing counsel for Madurai City Municipal Corporation for over 14 years from 1992 to 2006. He had represented the corporation in the Madurai district courts. His grievance was that the corporation had not settled his fee bills. Hence, he filed a writ in 2006 seeking the payment.

According to the petitioner, the Corporation has to pay him Rs 14.07 lakh but it paid only Rs 1.02 lakh and that a balance of Rs 13. 05 lakh remains to be paid.

The petitioner had appeared in 818 cases, the judge noted and recorded submissions that the lawyer was in penurious circumstances and unable to afford the cost of obtaining certified copies.

The court directed the Legal Services Authority attached to the Madurai district court to verify the list of cases, obtain certified copies and provide them to the petitioner within two months.

Upon submission of the verified fee bills, the corporation was directed to settle the bills within a further two months without interest. PTI JSP JSP ADB