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Judgment
Pursuant to the order of this Court dated 05.02.2018, the following Officer are present in the Court:-
(i) Abdul Wahid Zargar, Executive Engineer, Hydraulic Division, Kishtwar;
(ii) Vijay Kumar Gupta, Executive Engineer, Hydraulic Division, Ramban;
(iii) Rajiv Gupta, Executive Engineer, PHE Mech. North Division Jammu;
(iv) P. B. Suri, Executive Engineer, PHE Mech. Ground Water Drilling Division, Jammu; &
(v) Ranjit Singh, Assistant Executive Engineer, Ground Water Division, Jammu.
Some of the Officers fairly stated that substantial portion of the wages due to the Daily Wagers/Casual Labourers/Need Base Workers is still
due and payable. Through the Chief Engineer, PHE Division Jammu, they are moving the Government to release the funds for early disbursement.
In the case of District Kishtwar, Sh. Abdul Wahid Zargar, Executive Engineer, states that one month''s salary is due to the Daily Wagers/Casual
Labourers/Need Base Workers which is subject to verification.
In the case of District Ramban, Sh. Vijay Kumar Gupta, Executive Engineer, states that approximately eleven months'' salary is due to the Daily
Wagers/Casual Labourers/Need Base Workers.
In the case of District Jammu, Executive Engineer states that about eleven months'' salary is due to the to the Daily Wagers/Casual
Labourers/Need Base Workers, as the case may be.
All the Executive Engineers, who extract work from the petitioners, are before this Court. These officers state that in order to ensure regular and
proper maintenance of water supply, these workers are being regularly used. However, due to shortage of funds, the wages due are not being paid
to them in time. The aforesaid officers further state that they have moved the Chief Engineer so as to impress upon the Government for earlier
release of funds. Earlier some payments have been made but partially. However, substantial amount has not been paid as indicated above.
The welfare State has to ensure that the living wages of these Daily Wagers/Casual Labourers/Need Base Workers, as the case may be, are
paid in time so as to enable them to sustain themselves and their families and perform their duties which are essential in nature i.e., for providing
water supply to the citizens of Jammu and other Districts.
Their labour should not be extracted in vain. It will be harsh if the State Government extract work from its people (i.e.) Daily Wagers/Casual
Labourers/Need Base Workers and refuse to pay their wages in time. These workers are already living in penury and they cannot be flogged to do
work without payment of the wages. This is abject injustice.
Keeping that in mind and the statement made by the officers present in the Court, this Court is inclined to direct the Chief Engineer, PHE
Division Jammu to impress upon the Finance Secretary or any other Secretary of the State Government, who is dealing with the issue for release
the funds and ensure that the payment is made to these Daily Wagers/Casual Labourers/Need Base Workers forthwith and report compliance on
19.02.2018 without fail.
If no compliance is reported on 19.02.2018, the Court will be constrained to initiate contempt proceedings against the Chief Engineer and the
Secretary concerned for disobeying the order of this Court.
List on 19.02.2018.
Copy of this order be issued to Mr. Jamwal, learned Dy.A.G..
Registry is directed to convey this order to (1) The Chief Engineer, PHE Division, B. C. Road Jammu, (2) The Secretary to Government, PHE
Department Irrigation and Flood Control, Civil Secretariat, Jammu, (3) The Chief Secretary so as to enable him to monitor the status of these four
cases.
Copy of this order be placed on all four cases for record.
If compliance is not reported on 19.02.2018, the officers, who are now present in the Court, shall remain present on next hearing date (i.e.)
19.02.2018. If compliance is reported by record, they need not appear.