Jammu & Kashmir High Court Srinagar Bench Abdul Majeed Shah And Ors vs State And Ors on 2 July, 2018 HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR Case no: Date of decision: 02.07.2018 SWP no.1593/2017 C/W CPSW no.161/2013 and MP no.01/2016 Abdul Majeed Shah & ors. v State of J&K & ors. Hon'ble Mr. Justice Ali Mohammad Magrey, Judge Appearance: For Petitioners: Mr. M. A.Qayoom, Advocate For Respondent(s): Mr. Sajad MohiudDin, GA ____________________________________________________________________ Whether approved for reporting in law journal : YES Whether approved for reporting in press/media: YES This petition by 281 persons claiming to be working as need based casual labourers in the Public Health Engineering (PHE) Division, Handwara, challenges the order issued by the Chief Engineer, PHE Department, Kashmir, Srinagar, under endorsement no.PHE/Estt/44650 dated 11.04.2017, in consideration of the case of the petitioners pursuant to the order of the Court dated 16.04.2012 read with order dated 19.04.2012 passed in the petitioners' earlier writ petition, SWP no.2023/2009, rejecting the claim of the petitioners, stating that the records available reveal that they have not worked and are not entitled to any wages. 2. Petitioners claiming to have been so engaged in 2006, approached the Court in SWP no.2023/2009 with the prayer for payment of their earned wages and for direction to the respondents to give them the benefit flowing from the judgment of the Supreme Court in Hassan ___________________________________________________________________________ SWP No. 1593/2017 c/w CPSW 161 and MP 01/16 Page 1 of 53 Anzulla v State of J&K, Civil Appeal no.4529/90, decided on 12.11.1991. 3. The Court disposed of the petitioners' aforesaid writ petition by order dated 16.04.2012 with a direction to the respondents to implement the judgment of the Supreme Court in Hassan Anzulla's case, and to consider the claim of the petitioners for release of their legally earned wages. While issuing the aforesaid direction, the Court relied on annexure K to the writ petition which was the report on the release of wages of casual labourers / need based workers of PHE Division, Handwara, made by the Inquiry Committee constituted by the Chief Engineer, PHE Department, Kashmir, vide order no.PHE/Estt/576873 dated 06.06.2007 of the Officers of the Department of the rank of Superintending Engineers. The Court, in para 3 of its order in this regard said as under: "3/ The Report on release of wages of casual labourers / need based workers of Public Health Engineering (PHE) Division, Handwara (annexure K to the writ petition), recommend that for release of wages for the pending period prior to 05.06.2007 to be considered later on its merits only after the genuineness of these pending claims are got verified by the Departmental Committee constituted by the Administrative Department for this purpose. The report in respect of those, which are cleared, is to be considered and decision taken thereof as well." 4. Consequent to the aforesaid direction, the Chief Engineer has passed the impugned order dated 11.04.2017 concluding as under: "Whereas the case of the petitioner(s) was considered in light of the Hon'ble High Court order and it was found that the wages in favour of the genuine daily wagers, ITI and casual labourers working in the division are being paid at par to other ___________________________________________________________________________ SWP No. 1593/2017 c/w CPSW 161 and MP 01/16 Page 2 of 53 PHE divisions of the valley and also as per the records available reveals that the petitioners have not worked and are not entitle(d) for any wages. Hence the claim of the petitioners is rejected." 5. The petitioners have challenged the aforesaid order on the grounds that respondent no.3 has passed it simply on the basis of communication dated 08.07.2013 of the Executive Engineer, PHE Division, Handwara. and the report dated 07.10.2015 of the Deputy Superintendent of Police, Crime Branch, Kashmir, ignoring, firstly, his own communication dated 11.10.2014; secondly, the consideration orders dated 14.11.2014, 07.01.2015, 11.03.2015 and 23.3.2015; thirdly, the communications dated 11.06.2016; fourthly, the compliance report submitted on behalf of the Executive Engineer, PHE Division, Handwara, in response to the order of the Court dated 10.05.2016; fifthly, the communication dated 16.07.2016 of the Chief Engineer, PHE Department; sixthly the communications dated 18.01.2017, 28.02.2017 and 29.03.2017 addressed by respondent no.5 to respondent no.3 and to the learned State Couns