Central Administrative Tribunal
parvaiz ahmad shah and others vs EDUCATION on 31 December 2024
CENTRAL ADMINISTRATIVE TRIBUNAL
SRINAGAR BENCH, SRINAGAR
O.A. NO.: 967 OF 2024
(Srinagar, 31st of December, 2024)
..............
CORAM
HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)
............
1.
Parveez Ahmad Shah, S/o Mohammad Yousuf Shah, R/o Aloosa Kralpora, Kupwara, Distt. Kupwara, Pin Code 193224.
2.
Noor Mohammad Hussain Shah, S/o Mohammad Shah, R/o Bagbella Tangdar, Distt. Kupwara Pin Code 193225.
3.
Mohammad Ashraf Shah, S/o Abdul Gaffar Shah, R/o Batergam Kupwara, Distt. Kupwara Pin Code 193222.
4.
Tanveer Majid Pandit, S/o Abdul Majid Pandit, R/o Langate Kupwara, Distt. Kupwara, Pin Code 193302.
5.
Safeena Gul, D/o Ghulam Mohammad Bhat, R/o Ahagam Zachaidara, Distt. Kupwara, Pin Code 193221.
6.
Haleema Begum, Wife of Ghulam Ahmad War, R/o Yahama Kalamabad, Handwara, Distt. Kupwara, Pin Code 193302.
7.
Noor Mohammad Bhat, S/o Ghulam Nabi Bhat, R/o Pattan Distt. Baramullah, Pin Code 193121.
8.
Bashir Ahmad Mir, S/o Abdul Gani Mir, R/o Wagoora, Distt.
Baramullah Pin Code 193103.
9.
Miss Masooda Begum, Wife of Abdul Rehman Sheikh, R/o Aloosa Bandipora, Distt. Bandipora, Pin Code 193502.
10.
Shaheena Bano, Wife of Manzoor Ahmad, R/o Kreeri Baramullah, Distt. Baramullah, Pin Code 193198.
11.
Saleema Ahad, Wife of Abdul Ahad Sofi, R/o Beerawa, Distt.
Budgam, Pin Code 193411.
12.
Jabeena Bano, D/o Abdul Khalia Sheikh, R/o Trehgam Kupwara, Distt. Kupwara, Pin Code 193224.
13.
Mohammad Shafi Khan, S/o Ghulam Hassan Khan, R/o Khanda Budgam, Distt. Budgam, Pin Code 192121.
14.
Bashir Ahmad Malik, S/o Ghulam Mohammad Malik, R/o Arizal Budgam, Distt. Budgam, Pin Code 193411.
15.
Mohammad Rafig Kasana, S/o Ali fud din Kasana, R/o Mahin Parozpora Tangmarg, Distt. Baramullah, Pin Code 193402.
........... Applicants.
By Advocate:- Ms. Masooda Jan.
Versus
1.
Union Territory of Jammu & Kashmir through Commissioner cum Secretary to Government, Education Department, Civil Secretariat, Srinagar/Jammu, Pin Code 190001.
2.
Director Libraries and Research Department, Jammu and Kashmir, Govt. Srinagar, Pin Code 190001.
3.
Deputy Director, Libraries & Research Department, Srinagar, Kashmir, Pin Code 190001.
4.
Senior Librarian, Libraries & Research Department, District Baramullah (Pin Code 193101)/Budgam (Pin Code 191111)/
Kupwara (Pin Code 193222)/ Bandipora (Pin Code 193502).
5.
Incharge Border Block Library Libraries & Research Department of concerned Petitioners/Applicants (15) Pin indicated along-with addresses for each applicant- 193502)
....... Respondents.
By Advocate:- Mr. Rais Ud Din Ganaie, DAG.
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ORDER
(Oral)
Per Hon’ble Mr. M.S. Latif, Member (Judl.):- Through the medium of the instant O.A., the applicants have sought for the following reliefs:
a. The Original Application may kindly be allowed.
b. The Hon'ble Tribunal may be kind enough to pass direction on the analogy of order dated 23.02.2024 and dispose of this OA accordingly so that the petitioners get wages as per Minimum Wages Act 2010 without any further delay.
c. Any other relief, which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case, may also be passed in favor of the applicant.
2. The applicant has also prayed for the interim relief as under: Direction to respondents to pay the wages of the applicants.
3. The facts that stem out of the O.A. are that the applicants were engaged as sweeper in pursuance to various passed from time to time, issued by Deputy Director, Libraries, Kashmir Division. To this effect, copies of the engagement orders have been annexed with O.A. from page 16 to 30. The applicants thereafter continued to discharge their duties diligently and honestly to the best satisfaction of her superiors.
4. Learned counsel for the petitioner further submits that the applicants were initially paid Rs. 150/- to Rs. 250/- respectively, as monthly wages which according to the counsel for the applicants was not in consonance with the law as contained in the Minimum Wages Act.
5. Learned counsel for the applicants submits that denying the applicants of their legitimate dues would be violative of the constitutional guarantee as envisaged under Article 21 of the Constitution of India.
6. We belong to a welfare State where every individual has protection of the guarantees as contained in the Constitution of India and no person can be discriminated.
7. Learned counsel for the applicants vehemently argues that the applicants have been continuing on the arrangement to what they were appointed to and as such it is difficult for them to survive on the meagre wages.
8. Mr. Rais Ud Din Ganaie, learned DAG submits that the functionaries of the State are otherwise bound under the Minimum Wages Act to pay the applicants as per Minimum Wages Act, if they are otherwise entitled to and if they are working as on date.
9. Heard learned counsel for the parties.
10. In this backdrop, the O.A. is disposed of by providing that the respondents will ensure that the wages of the applicants are paid as per the Minimum Wages Act for the period they have worked and in accordance with their entitlement. It is expected that the respondents will do the needful with due dispatch. It is also made clear the applicants are free to approach the Court afresh, in case, their grievances are not redressed. However, the respondents shall ensure that the engagement of the applicants is genuine.
11. With this O.A./967/2024 along with all connected applications, is disposed of accordingly.
(M.S. Latif) Member (Judl.)
Abhishek Punia Court Master 31-12-2024 ABHISHEK PUNIA Digitally signed by ABHISHEK PUNIA Date: 2025.01.02 10:59:57 +05'30'