1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.10339 of 2011 T.Jebaraj : Petitioner Vs. 1.The District Collector, Nagercoil, Kanyakumari District. 2.The Panchayat President, Kumarankudi Village Panchayat, Kumarankudi, Chenkodi P.o, Kanyakumari District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the 2nd respondent to pay the daily wages to the petitioner fixed by the District Collector time to time. For Petitioner : Mr.D.Anbarasu For Respondents: Mr.B.Pugalendhi Special Government Pleader for R-1 Mr.M.Govindan for R-2 ORDER According to the petitioner, he was appointed as water supply attender in Kumarankudi Village Panchayat, Kumarankudi, Chenkodi, Kanyakumari District on 22.01.2003 on daily wages. Prior to the said appointment, the petitioner was instructed and permitted to work in the second respondent Panchayat, on daily wages basis. Though daily wages is fixed by the District Collector, Nagercoil, Kanyakumari District and periodically enhanced, the petitioner is being paid only consolidated pay of Rs.600/- per month. According to the petitioner, the daily wage fixed by the District Collector at the time of his appointment for a daily wage water supply attender was Rs.175/- per day and therefore, he ought to have been paid the said wages and that the 2nd respondent ought to have paid the periodical enhancement. He further submitted that vide proceedings in R.C.O.No.A1/13963/2011 dated 27.07.2011, the District Collector, Nagercoil, Kanyakumari District has fixed the daily wages at Rs.225/-. Though the second respondent Panchayat President, is bound to implement the fixation of daily wages made periodically by the District Collector, the petitioner has been denied the benefits and despite his request, there is no response and hence the petitioner has come forward with the present writ petition. 2.In support of the abovesaid contentions, the petitioner has also placed reliance on the orders of this Court made in writ petitions filed by persons, who are similarly placed. Considering the averments https://hcservices.ecourts.gov.in/hcservices/ 2 made in support of the affidavit and orders passed by this Court, Mr.B.Pugalendhi, learned Special Government Pleader was directed to take notice and get instructions. 3.On the basis of a letter dated 12.09.2011 written by the President, Kumarankudi Village Panchayat, Kanyakumari District, addressed to the learned Government Advocate, High Court Madras, Madurai, Mr.Govindan, learned Special Govt. Pleader submitted that the Panchayat President is ready to pay the daily wages, provided, orders are passed by this Court, in the present writ petition. In the abovesaid letter, the President, Kumarankudi Panchayat has categorically admitted that the petitioner was appointed as water supply attender from 01.02.2003 on daily wages and as on today, a sum of Rs.175/- is being fixed as a daily wage, for the abovesaid post. 4.The submission of the learned Special Government Pleader is placed on record. 5.Heard the learned counsel for the parties and perused material available on record. 6.Perusal of the order dated 30.01.2003, of the President, Kumarankudi Village Panchayat, shows that pursuant to a resolution No.243 dated 22.01.2003, the writ petitioner has been appointed as water supply attender, on daily wages, at the rate of daily wages determined by the District Collector, Kanyakumari District. As stated supra, even in the letter dated 12.09.2011, the President, Kumarankudi Panchayat has candidly admitted that the petitioner has been appointed as water supply attender from 01.02.2003. Earlier, when similarly placed persons, appointed as water supply assistants in Kanyamuri District, sought for a mandamus, in W.P.No.10437 of 2002, directing the respondents therein to pay daily wages as per the market rate fixed by the District Collector and periodically revised, this Court, placing reliance on G.O.Ms.No.119 Rural Development dated 10.05.2000, directed the Panchayat President, Kulapuram Village Panchayat, the third respondent therein to pay arrears of wages to the petitioners therein, as per order dated 14.12.2009, at the market rate fixed by the District Collector, with a further direction to pass orders, within in a period of two months. As the writ petition came to be allowed in August 2002, the respondents therein have been directed to pay the wages, for the period commencing from August 2002 regularly, as per the schedule. 7.Material on record further discloses that when the abovesaid order made in W.P.No.10437 of 2002 dated 02.03.2002 was challenged by way of an appeal in W.A.No.2413 of 2003, by the District Collector, the Division Bench, vide order dated 17.02.2004, has dismissed the said appeal, confirming the order passed in W.P.No.10437 of 2002. A further challenge to the Apex Court in Special Leave to Appeal (Civil). No.12380/2004 has been withdrawn on 30.07.2004, on the ground that the petitioner therein would take appropriate steps in accordance with law. Perusal of the proceedings of the District Collector, Kanyakumari District, in Of.S.A1/31081/2006 dated 17.08.2006 shows that daily wages of contingencies engaged in different works in Kanyakumari District has been fixed for the year 2006-2007. Earlier, when similarly placed persons approached this Court, by filing W.P.Nos.10286 to 10270 of 2008, https://hcservices.ecourts.gov.in/hcservices/ 3 this Court has passed orders on 03.12.2008, directing the respondents therein, to pay the daily wages to the petitioners permissible under the relevant rules or the Government orders for the days, during which they worked and continue to pay the same. This court has also ordered that in any event, the arrears shall be paid within the period of one month from the date of receipt of a copy of the order made in the above writ petitions. 8.Material on record further discloses that the District Collector, Kanyakumari District Nagercoil in his proceedings in Noc.No.A1/11092/20 dated 25.06.2010 has fixed the rate of daily wages to the daily labourers paid from contingencies in Kanyakumari District, for the year 2010-2011, as detailed below: Sl.No Details of labourers Rates of wages per day 1. Adult men coolies Rs.200/- 2. Adult women coolies Rs.200/- 3. Semen Messengers in Animal Husbandary Department Rs.200/- 4. Coolies in soil testing laboratories in Agricultural Department Rs.180/- Further for the year 2011-12, the District Collector, in Proceedings Roc.No.A/13963/2011 dated 27.07.2011 has fixed the rates of daily wages to the daily labourers in Kanyakumari District as follows: Sl.No Details of labourers Rates of wages per day 1. Adult men coolies Rs.275/- 2. Adult women coolies Rs.275/- 3. Semen Messengers in Animal Husbandary Department Rs.250/- 4. Coolies in soil testing laboratories in Agricultural Department Rs.225/- 9.From perusal of the abovesaid proceedings, it is evident that the rates of daily wages in Kanayakumari district have been enhanced periodically and the petitioner has been paid the same salary for many years. As stated supra, pursuant to a resolution No.243 dated 22.01.2003, the petitioner, has been appointed, as water supply attender in second respondent Panchayat, on daily wages, at the rate determined by the District Collector, Kanyakumari District. No counter affidavit has been filed by the panchayat, denying the submission of the writ petitioner that he was paid only consolidated pay of Rs.600/- instead of daily daily wages, and periodically revised by the District Collector. Even in the letter dated 12.09.2011, the President, Kumarankudi Village Panchayat, has stated that if any order is passed by this Court for payment of daily wages, then he would implement the same, within fifteen days, as if, there is no legal obligation on his part to implement the directions of the District Collector, Kanyakumari District. As a Village President and https://hcservices.ecourts.gov.in/hcservices/ 4 executive officer of the village, he is bound to implement the directions of the District Collector and pay the daily wages to the petitioner as determined by the Collector periodically. Failure to implement the directions of the District Collector and denying daily wages to the petitioner, is per se apparent, illegal. Without complying with the directions, even in the letter, the President, Kumarankudi Panchayat dated 12.09.2011, has stated that if this court passes an order for payment of daily wages, the same would be implemented within 15 days. The said letter is a proof, by itself that he is willing to act and pay the wages, only if this Court passed an order. It shows the attitude of the President. 10.In the abovesaid circumstances, this Court is of the view that for the failure to implement the orders of the Government/District Collector and considering the attitude of the President, Kumarankudi Village Panchayat in denying daily rated wages for nearly eight years, expecting a court order for compelling him to follow the Collector's proceedings regarding implementation of the orders, regarding payment of minimum wages, determined, this deems it fit, to impose a cost of Rs.1,000/- to be paid by the President, Kumarankudi Village Panchayat, the second respondent. The District Collector, Kanyakumari District, who has determined the daily rated wages for the employees to be paid from contingencies is directed to oversee as to whether his directions regarding fixation of minimum wages have been properly implemented by all the Panchyat Union Presidents/Executive Officers so as to avoid complaints in future. The 2nd respondent is directed to pay the arrears of daily wages taking into account, the periodical enhancement from the date of initial appointment, pursuant to the resolution, within, two weeks from the date of receipt of the copy of this order and continue to pay the wage at the rate determined by the District Collection. If the 2nd respondent fails to comply with the directions of this court, then appropriate action under the statutory rules, be taken. Accordingly, this writ petition is allowed. No costs. Sd/- Assistant Registrar (A.E) /True Copy/ Sub Assistant Registrar (C.S) To 1.The District Collector, Nagercoil, Kanyakumari District. 2.The Panchayat President, Kumarankudi Village Panchayat, Kumarankudi, Chenkodi P.o, Kanyakumari District. + 1 cc to Mr.D.Anbarasu, Advocate, SR No.31353 + 1 cc to The Special Government Pleader, SR No.31380 W.P.(MD)No.10339 of 2011 13.09.2011 vs RJ/28.9.11 4p/5c https://hcservices.ecourts.gov.in/hcservices/