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| HC directs state to pay minimum wages to daily rate worker | | Employee in Govt Deptt on Rs 50 monthly | | Et Report
Jammu, Sept 18 : Believe it or not that after 66 years of independence of the country, the State Govt paid Rs 50/- per month to an employee who is working in the Govt Dept. Justice Hasnain Massodi of J&K High Court Jammu Wing in a landmark judgment directed the Medical Department to pay minimum wages to the petitioner as are being paid to daily rated workers and accord consideration to his regularization having regard the averments made in the petition and rules governing the matter.
Respondent shall take a decision in the matter within a period of eight weeks from the date of a copy of order is served upon them.
The petitioner Mohd. Ramzan has been working as Safaiwala/Sweeper in the Medical department for last 16 years. He is being paid Rs. 50/- per month or one and a half rupee per day. He seeks a direction to respondents to pay him minimum wages as guaranteed under Minimum Wages Act.
He also seeks his regularization as Safaiwala/Sweeper in pay scale meant for Sweeper/Safaiwala working in the department on substantive basis.The petition is opposed by the State on the ground that petitioner is discharging his duties only for an hour in the morning and thereafter free to earn his livelihood during the whole day. It is insisted that rupees one and a half in the circumstances, are adequate wages paid to the petitioner. The stand taken by State in opposition of the petition is controverted by the Advocate OP Thakur appearing for for the petitioner on the ground that the petitioner remains available in Medical Aid Centre, Chak Narwah during scheduled office hours.
The ground urged by the respondents to resist petitioner's claim for minimum wages in terms of Minimum Wages Act till his case for regularisation is considered, cannot be accepted for the simple reason that petitioner after discharging his duties in MAC, Narwah would not be in a position to find any other employment during the day. The stand taken by the respondents therefore would amount to exploitation of petitioner and his other similarly placed colleagues and would be in conflict with the constitutional mandate.
The respondents are not only expected to pay minimum wages to the petitioner but also to accord consideration to his regularisation, having regard to 16 years uninterrupted service as Safaiwala/Sweeper to his credit. counsel for the petitioner referring to Government Order No. 223-HME of 2007 dated 30.03.2007 whereby the number of similarly circumstanced Safaiwalas /Sweepers were regularised, states that petitioner deserves to be given same treatment as is given to his other colleagues mentioned in the Government Order. Justice Hasnain Massodi after hearing Advocate OP Thakur appearing for the petitioner whereas Deputy Advocate General Neeru Goswami appearing for the state, allowed the petitioner and directed the respondents to pay minimum wages to the petitioner as are being paid to daily rated workers and accord consideration to his regularisation having regard the averments made in the petition, appended thereto and rules governing the matter. Respondents shall take a decision in the matter within a period of eight weeks from the date copy of the order is served upon them. (JNF) |
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