The High Court of Jammu & Kashmir and Ladakh Tuesday directed the Chief Engineer, Public Health Engineering (PHE), to immediately release all pending wages of daily-wagers and casual labourers of PHE department till the end of March 2022.
The court directed the Chief Engineer, PHE department to also release wages in favour of the employees in future till such time as appropriate orders are passed by the LPA bench.
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“In case of non-compliance, the Chief Engineer, PHE, shall be held personally responsible,” Justice Dhiraj Singh Thakur ordered.
Justice Thakur directed that the amount shall be released before March 31, 2022 lest the funds should lapse.
The court was hearing a plea filed by Kashmir PHE Joint Employees Association and others who had sought release of their earned wages.
Justice Thakur passed the directions after the petitioner counsel, M.A Qayoom 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, along with their families.
However, the counsel representing the PHE department, Irfan Andleeb submitted that although the amount which can be paid to the petitioners 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.
The court after hearing the parties recorded that 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.
Justice Thakur said considering the financial hardships of the petitioners which should be even appreciated by the official respondents, directed Chief Engineer, PHE to immediately release all pending wages till the end of March 2022, in favour of the petitioners.
On February, 15, 2021, the government via an order transferred the casual labourers & daily wagers under the control of Jal Shakti (PHE) City Water Works Division, Srinagar and PHE Mechanical Division, Srinagar to SMC for O&M of water supply schemes and allied infrastructure within the jurisdiction of Srinagar city along with posts of permanent officials.
Aggrieved by the order, the petitioners moved a petition before the court seeking quashing of the said order.
The court on July 08, 2021 while staying the operation of the order to the extent of petitioners directed the respondents that they shall be allowed to continue in JalShakti (PHE) Department and shall be regularly paid their wages also.
On October, 21, 2021, a coordinate bench of the court had made it clear that the official respondents were obliged to pay wages to the petitioners in compliance to orders passed earlier by the writ court.
The court had also granted liberty to the respondents to seek refund of the wages which had been placed at the disposal of the SMC for disbursal to the casual labourers.