Excelsior Correspondent
Srinagar, Mar 17: High Court today directed the Chief Engineer Public Health Engineering Department to release the wages of daily wagers and in case of non-compliance of directions, he shall be personally responsible if the funds are lapsed.
Justice D S Thakur directed Chief Engineer, PHE, to immediately release all pending wages till the end of March 2022, in favour of the daily wagers and also release future wages in their favour till such time as appropriate orders are passed by the Division Bench.
“In case of non-compliance the Chief Engineer, PHE, shall be held personally responsible. The amount shall be released before 31.3.2022 lest the funds should lapse”, Justice Thakur clarified.
It is by virtue of order dated 21.10.2021, the court had made it clear that the official respondents were obliged to pay wages to the daily wagers of the department in compliance to orders passed by the writ court.
Liberty was also granted to the respondents to seek refund of the wages which had been placed at the disposal of the Srinagar Municipal Corporation for disbursal to the casual labourers. Their counsel submitted that the needful has not been done causing grave financial hardships to the daily-wagers and the casual labourers who find it absolutely difficult to survive without any wages.
Counsel representing the department, however, stated that although the amount which can be paid to these daily wagers is available with the Chief Engineer, PHE, the same ought not to be released in view of the pendency of the LPA before the Division Bench.
He, however, submitted that despite efforts made by both the counsel for the parties for getting the matter listed before the Division Bench, no fruitful result could be achieved because of non-availability of an appropriate bench. Only because the respondents have preferred the LPA against the interim order staying the transfer of petitioners from Jal Shakti Department to SMC may not be a reason good enough not to comply with the order of this court.
The Petitioners- Kashmir PHE Joint Employees Association Srinagar claim to be working as Casual Labourers and Daily Wagers in the Department. They are aggrieved of Government order No.39-JK(JSD) of 2021 dated 15.02.2021, in terms whereof the Government has transferred their Division where they were working in various capacities, to Srinagar Municipal Corporation (SMC) for O&M of water supply schemes and allied infrastructure within the jurisdiction of Srinagar City along-with posts of permanent officers/ officials.
However, there was no mention of these casual labours/ Daily wagers but only clause (vii) provides for transfer of funds for engagement of casual Labourers/ DRWs. Their plea before the court is that they are working since 1992 and they have earned a right for seeking continuation and regularization in terms of SRO 520.
The order impugned to extent of transferring the Casual Labourers/Daily wagers under the control of Jal Shakti (PHE) City Water Works Division, Srinagar and PHE Mechanical Division, Srinagar, is stayed by the coordinate bench of the court and they are allowed to continue in Jal Shakti (PHE) Department.
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