Excelsior Correspondent
SRINAGAR, July 18 : High Court today quashed the Government order denying minimum wages to consolidated employees of the Finance Department and directed to grant them minimum wages within four weeks.
Justice M A Chowdhary quashed the Government order whereby after considering the case of these casual employees was found devoid of merit and their claim for minimum wages was rejected and directed the authorities to grant them wages in terms of SRO 460 of 2017 read with Government Order No. 27-F of 2018 dated 25.01.2018 as Casual Labourers.
Court directed the authorities to consider it with effect from the date of passing of impugned order as also the arrears of the wages earned by the petitioner-employees are also ordered to be paid within a period of four weeks.
These employees have challenged the Government order in second round of litigation after the authorities passed the rejection order under court directions contending therein that case of the petitioners have been considered and the claim for minimum wages was found devoid of merits, hence rejected in light of the rules and norms governing the field.
It was further contended in the rejection order that the minimum wages as per the existing rates @ Rs.300/- per day is concerned, it is legally impermissible, as the petitioners were engaged as Sweepers and Chowkidars on consolidated wages and are being paid monthly remuneration as prescribed in the Government Order No. 236-F of 2012 dated 19.10.2012 and their claim for release of minimum wages as per Government order No. 27-F of 2018 dated 25.01.2018 is legally impermissible as the order of minimum wages is applicable to daily rated workers including causal labourers working in Government Departments, Municipalities and Local Bodies.
Their counsel submitted before the court that the status of the petitioners have been changed from January 2018 as Casual Labourers, as such, the impugned rejection order is without application of mind, and is liable to be set aside.
Court has been informed that the Government of J&K in exercise of the powers conferred under Minimum Wages Act, revised the minimum rates of wages in respect of Scheduled Employments and their claim has been rejected by the respondents on the basis of they being consolidated Sweepers and Chowkidars, while as the fact of the matter is that they have been converted into Casual Labourers.
Court after consideration of the matter at threadbare observed that right to life, as enshrined under Article 21 of the Constitution of India, has been interpreted by the apex court as to live with dignity and honour and not mere living.
Court said the petitioners after rendering their services for a pretty long time, cannot be denied at least the minimum wages payable and permissible, otherwise it shall be travesty of justice and complete denial of the rights guaranteed under the Constitution to ask the petitioners to continue to render their services on a meager amount.
“The petitioners are required to be paid at the rate of Minimum Wages Act as applicable in the UT of Jammu and Kashmir, which shall, however, be subject to the condition that the engagement is full-time and not part-time. The petitioners, as per the record of the respondents, as discussed hereinabove, have been working as Casual Labourers and not part time”, reads the judgment.
Court said, the respondents, who have taken different decisions in the cases of similarly placed persons, cannot take different decisions in similarly circumstanced cases, offending Article 14 of the Constitution. Both the cases should have been given the same treatment and rightly.
Court raised an important question on the issue and said as to whether the aggrieved petitioners after having rendered services in the capacity of Sweepers and Chowkidars for the last more than 24 years can continue to be paid a minimum amount of Rs.300 per month. Court answered that it shall be mockery of fairness and complete repudiation of the rights guaranteed under the Constitution to ask the aggrieved employees to continue to render their services on a meagre amount of Rs 300 per month.
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