Excelsior Correspondent
Srinagar, July 13: High Court today directed the Managing Director of J&K Cement Industries (JKCI) to approach the Government or dispose of the assets of JKCI in order to release the arrears and salary of its erstwhile employees.
The division bench of Justice Sanjeev Kumar while hearing the plea of erstwhile JKCI employees with regard to release of their arrears and salary which has not been paid to them after the company was wound up.
The court directed the MD to take immediate steps to release the arrears of salary of the petitioners, which, as per the records of the respondents, are still pending disbursement. The court directed him to arrange the requisite funds to meet the liability.
Court further directed him to approach the Government for requisite funds or dispose of some assets of the JKCI in order to release the earned arrears or salary of aggrieved employees. “The whole exercise culminating into the actual disbursement of the arrears of the salary whatever due to the petitioners shall be completed within a period of three months from the date a copy of this Judgment is served upon the respondents”, Court directed.
The plea was filed by the employees of Jammu and Kashmir Cements Limited seeking direction to the authorities in general, and MD JKCI in particular to pay them their monthly salary regularly and without any delay. It is submitted that though they are performing their duties to the best satisfaction of the MD yet for the reason best known to him, their monthly salary is not being disbursed regularly.
The authorities in response to the plea of employees have not denied that the salary of the petitioners for some months is pending, but they submit that because of the JKCI having gone into losses, it is bereft of any funds to disburse the salary of the petitioners.
The JKCI has admitted that the salary of about 22 months of various employees is still pending disbursement. During the pendency of the writ petition and the contempt petition some of the employees have retired on superannuation, whereas others have been adjusted by the Government in different Government departments due to winding up of the JKCI.
Despite the court direction and also admitting the liability the authorities have failed to release the arrears of salary to the employees, constraining them to file the contempt proceedings. The counsel for the petitioners informed the court that so far as the employees, who are adjusted in various departments, are concerned, they are now receiving their salary regularly and to that extent the petitioners have no grievance.
He, however, submitted that the salary for some months when they were working in the JKCI is still outstanding and that fact is not denied by the respondents. He further submits that such arrears of salary are also payable to those petitioners who have now retired on superannuation.
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