Srinagar, Apr 20: The High Court of Jammu & Kashmir and Ladakh observed that denying minimum wages to petitioners would be a “travesty of justice” and a complete denial of the rights guaranteed under the Constitution while quashing a government order denying minimum wages to skilled and unskilled casual labourers.
The court of Justice M.A Chowdhary said that the right to life as enshrined under Article 21 of the Constitution of India has been interpreted by the Supreme Court as to “live with dignity and honour” and not “mere living.”
“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 a 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 bench observed.
The court was hearing a plea of casual labourers seeking setting aside of the order issued by the authorities on April 20, 2022, with further direction to the respondents to release the minimum wages as per the existing rate @ Rs300 per day in favour of unskilled and skilled workers as per the existing rates prescribed for the skilled workers.
The petitioners have also sought a direction against the respondents to pay arrears withheld from January 01, 2018, till date with an admissible rate of interest accrued thereon.
The counsel representing the petitioners argued that on one hand respondents have accepted the claim of the similarly placed co-petitioners and on the other hand, rejected the identical claim of the petitioners on the ground that they are not Scheduled Employees though being similarly situated with the co-petitioners.
The counsel submitted that the agony of the petitioners was further aggravated when the co-petitioners thereafter were given the benefit of enhanced wages in terms of SRO 460 of 2017.
The court after hearing the counsel and perusing the material on record said that Article 14 of the Constitution provides for the right to equality, however, the respondents, who have taken different decisions in the cases of similarly placed persons, cannot take a different decision in similarly circumstanced cases offending Article 14 of the Constitution.
Allowing the plea, the court held that the petitioners, unskilled and skilled casual labourers are found entitled, to be paid the minimum wages under the Minimum Wages Act.
“Impugned Order No. 53-Accounts of 2022 dated 20.04.2022, as a result, is quashed, with a direction to the respondents to pass fresh order granting petitioners wages in terms of SRO 460 of 2017 read with Government Order No. 27-F of 2018 dated 25.01.2018 as casual labourers with effect from the date impugned order was passed and also the revised wages, if enhanced later,” Justice Chowdhary directed.
The bench said that the arrears of the wages earned by the petitioners are also ordered to be paid.
“Needful shall be done by the respondents within a period of four weeks,” the court said.
