Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
CASE NO.:
Appeal (civil) 65 of 2007
PETITIONER:
STATE OF JAMMU & KASHMIR & ORS. .....APPELLANT(S)
RESPONDENT:
ABDUL MAJID ...RESPONDENT(S)
DATE OF JUDGMENT: 05/01/2007
BENCH:
Dr.AR.LAKSHMANAN & ALTAMAS KABIR
JUDGMENT:
J U D G M E N T
(Arising out of SLP(C) No.10640/2006)
Dr.AR.LAKSHMANAN, J.
Leave granted.
Heard Mr.Altaf H.Nayak, learned Advocate-General for the State
of Jammu & Kashmir and Mr.Vijay Kumar, learned counsel for the
respondent.
The appeal is directed against an interim order dt.03.04.2006
passed by the High Court in LPA (SW) No.81/2006 and CMP No.53/2006
arising out of SWP No.1513/2004.
The learned Single Judge of the High Court while disposing of
the Writ Petition filed by the respondent herein issued the following
directions :-
" 1) pay to the petitioner minimum wages as
payable under the Minimum Wages Act w.e.f. January,
1992 at such rates as were prevalent from time to
time.
2 petitioner be considered for regularization as class IV.
3 Petitioner be brought on regular establishment as
helper/class-IV which ever be the lowest post available on
the regular establishment of the department within a
period of two months.
4 Non-observance of this direction within the stipulated
period will amount to commission of contempt of court.
Registrar Judicial shall place this file before this court on the
expiry of two months. Copy of this Order shall be furnished to
Mrs.Neeru Goswami appearing for respondents for compliance."
Aggrieved against the said order, the State has preferred the
Letters Patent Appeal which was taken on file as LPA No.81/2006. The
State challenged the correctness of the directions issued by the learned
Single Judge in the Letters Patent Appeal. Admittedly, the Letters Patent
Appeal filed by the State is pending final disposal. In the meanwhile, the
High Court directed the State to deposit the wages of the respondent in
accordance with the terms of Minimum Wages Act from January, 1992 to
ending March, 2006 and pay this amount to the respondent within two
weeks from 03.04.2006. The court has also observed that subject to the
above, direction Nos.3 and 4 of the learned Single Judge shall remain
stayed till the next date of hearing. Aggrieved by the said order, the state
has preferred the above appeal in this Court. This Court on 17.07.2006
issued notice on the Special Leave Petition as also on the prayer for
interim relief.
As noticed earlier, the Letters Patent Appeal is still pending in the
High Court. The State has questioned the correctness of the directions
issued by the learned Single Judge in the Letters Patent Appeal. In the
meanwhile, the learned Judges of the Division Bench of the High Court
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
directed the State to deposit the wages of the respondent in accordance
with the terms of Minimum Wages Act from January, 1992 to ending
March, 2006 and pay the said amount to the respondent within two weeks
from 03.04.2006. The said direction to pay the amount to the respondent
within two weeks pending disposal of the Letters Patent Appeal, in our
opinion, is not warranted at this stage. However, we are not inclined to
set aside the direction issued by the Division Bench directing the State to
deposit the wages of the respondent in accordance with the terms of
Minimum Wages Act from January, 1992 to ending March, 2006.
Therefore, we give further time to the State by four weeks to comply with
the direction in regard to the deposit of the minimum wages. The said
amount shall be deposited with the Registrar General of the High Court
subject to the final outcome of the Letters Patent Appeal. On such
deposit, the Registrar General is directed to invest the same in a short
term fixed deposit in a nationalised bank.
We request the High Court to dispose of the Letters Patent Appeal
within three months from the date of receipt of this Order from this Court
or on production of the same by either party.
The appeal stands disposed of in the above terms.
No costs.