Contradictory stand taken on pending wages of workers
Mohinder Verma
JAMMU, Aug 29: Keeping in view the contradictory stand taken on release of pending wages to large number of workers, a Bench of Central Administrative Tribunal (CAT) comprising Sanjeev Gupta (Member Judicial) and B Anand (Member Administrative) has directed the Additional Chief Secretary Jal Shakti Department to appear personally tomorrow to resolve the issue failing which coercive steps will be taken.
Follow the Daily Excelsior channel on WhatsApp
The direction has been passed in a contempt petition titled Sukhdev Kumar Versus Jal Shakti Department. On last date of hearing—August 9, 2024, the CAT had noticed contradictory stand with regard to the payment of outstanding arrears of wages to the petitioners and observed, “in the second last paragraph, it has been stated that arrears to the petitioners on account of pending wages for 22 months have been projected to higher authorities whereas in the last paragraph, it has been stated that due to absence of muster sheets, it is not possible to establish whether the petitioners actually worked during the period for which they are claiming their pending wages”.
“It has come to the notice of this Bench that number of cases are pending before this Tribunal filed by different petitioners for payment of outstanding arrears of wages for the period they have worked in the respondent’s department but in all such cases, a plea has been taken that in the absence of muster sheets, it is not possible to release the outstanding arrears of wages claimed by the petitioners”, the CAT had further observed.
Accordingly, the CAT had directed Shaleen Kabra, Financial Commissioner (ACS), Jal Shakti Department to appear before the Tribunal through virtual mode on the next date of hearing—August 29, 2024 with his suggestions as a way forward in order to resolve the issue raised in this petition as well as in all such types of petitions.
When the contempt petition was taken up for hearing today, Dewakar Sharma, Deputy Advocate General submitted that Financial Commissioner (ACS), Jal Shakti Department has filed Miscellaneous Application for his exemption from personal appearance on today.
After perusal of Miscellaneous Application, the CAT observed, “it appears that Financial Commissioner (ACS), Jal Shakti Department instead of appearing through video-conferencing as per order dated 09.08.2024 for offering his suggestions as a way forward to resolve the issue raised in this petition and in all similar petitions regarding the non-payment of outstanding arrears of wages to the petitioners has chosen to take refuge on the compliance report filed by the department in this petition”.
“It may not be out of place to mention that large number of cases are pending before this Tribunal with regard to the non-payment of outstanding arrears of wages to the various petitioners due to stand taken by the respondents on account of non-availability of muster sheets and in order to resolve this issue, the Financial Commissioner (ACS), Jal Shakti Department had earlier appeared before this Tribunal on 23.02.2024 in CP No. 17 of 2022 titled Rakesh Sharma Versus Shaleen Kabra and sought one month’s time to work out a solution to locate muster sheets/some other records in the concerned divisions in order to show that petitioners have actually worked”, the CAT said.
As the Registry pointed out that in Contempt Petition No. 105 of 2022 listed tomorrow, the personal appearance of Financial Commissioner (ACS), Jal Shakti Department has been sought, the CAT directed for listing this Contempt Petition along with similar petitions tomorrow.
“The Deputy Advocate General shall ensure that Financial Commissioner (ACS), Jal Shakti Department shall remain present before this Tribunal tomorrow through virtual mode positively. It is made clear that, in case, Financial Commissioner (ACS), Jal Shakti Department fails to appear coercive steps will be taken to ensure his presence before this Tribunal”, read the order passed by CAT.
Follow our WhatsApp channel
