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Judgment
Ramalingam Sudhakar , J
[1] Heard Mr. Ng. Jotindra, learned counsel appearing for the petitioners and Mr. S. Napolean, learned Government Advocate for the respondents.
[2] The prayers in the writ petition are as follows :
"(i) To issue a writ in the nature of certiorari, or any other appropriate writ or order, quashing the impugned orders dated 14-05-2015, dated 21-02-2015 and 17-02-2014 issued by the Director of Health Services, Manipur (Annexure-A/29, A/27 and A/23) respectively forthwith;
(ii) To issue a writ in the nature of mandamus, or any other appropriate writ, order or direction, to the respondents to pay due wages/ consolidated pay at the rate of Rs. 1,000/- per month with effect from 10-12-2003 to 05-03-2007 and effect from 06-03-2007 to 11-03-2010 at rate of Rs. 2550/- per month forthwith;
[3] The writ petition has been filed challenging the orders dated 17- 02-2014, 21-02-2015 and 14-05-2015, issued by the Director of Health Services, Manipur (Annexure-A/23, A/27 and A/29 respectively) whereby and whereunder the claim for payment of wages of the three petitioners for a period referred to in the prayers, was declined by the Director of Health Services, Manipur, holding that for the said period for which the request for payment is made, the contract services of the petitioners were not extended by the competent authority.
[4] The impugned orders were passed pursuant to order of the Gauhati High Court dated 12.01.2010 in W.P. (C) No. 799 of 2007. The three petitioners were initially appointed as Grade-IV employees in J.N. Hospital Porompat on contract basis in terms of the orders passed by the Medical Superintendent, JN Hospital dated 27.01.1999 (Annexure-A/1), 19.02.1999(Annexure-A/3) and 19.02.1999(Annexure-A/4) respectively. The contract services of the petitioners were further extended for the period from 01.12.2000 to 28.02.2002 by the Government order dated 23.03.2002 (Annexure-A/10). Thereafter, the last and final extension order was passed on 24.01.2007 (Annexure-A/11) extending period from 01.03.2002 to 09.12.2003 at the rate of Rs. 1000/- per month.
[5] Para 5 of the impugned order dated 17.02.2014 (Annexure-A/23) which is extracted below, gives the clarity on the last extension of the contract service of the petitioners :
"5. Whereas, Government of Manipur, Secretariat : Health Department letter No. 18/35/2001-M/(Case) dated 21/08/2006 conveyed approval of the Government to the extension of term of contract engagement of 13 Grade-IV employees including the three petitioners at JN Hospital, Imphal for a period from 01/03/2002 to 09/12/2003 and stated that the extension of the contract engagement for a period from 01/03/2002 to 09/12/2003 is subject to discontinuation of their services w.ef.. 10/12/2003"
[6] The petitioners further pleaded that they were continuing to serve the hospital on the basis of requisition by the Medical Superintendent JN Hospital, Imphal. In support of this plea, they referred to letters of Medical Superintendent, J.N. Hospital, Imphal dated 07.01.2006 (Annexure-A/12); 10.04.2007 (Annexure-A/14) and 28.12.2009 (Annexure-A/16) which read as follows :
(A) Letter dated 07.01.2006 (Annexure-A/12) :
"GOVERNMENT OF MANIPUR OFFICE OF THE MEDICAL SUPERINTENDENT J.N. HOSPITAL: IMPHAL
No. 2/Contr-III & IV/99-JNH; Imphal, the 7th January, 2006
To
The Director of Health Services, Manipur
Sub:- Regular appointment of contract basis grade IV employees in the J.N. Hospital, Imphal
Sir,
I have to invite a reference to your letter No. Estt/Gr.IV/C/W/89-DHS dated 23rd December, 2005 on the subject cited above and to say that at present there is acute shortage of grade IV employees in this hospital.
It is, therefore, requested kindly to take appropriate necessary action for regular appointment of the undermentioned contract basis grade IV employees as early as possible.
Shri N. Inaocha Singh of Top Khongnangmakhong
Smt. R.K. Sanatombi Devi of Tera, Imphal.
Smt. R.K. Sanatombi Devi of Yumnam Leikai, Imphal" Yours faithfully,
Yours faithfully,
(W. Motilal Singh)
Medical Superintendent,
J.N. Hospital, Imphal"
(B) Letter dated 10.04.2007 (Annexure-A/14) :
"GOVERNMENT OF MANIPUR
OFFICE OF THE MEDICAL SUPERINTENDENT
J.N. HOSPITAL, POROMPAT
No. 2/Contr. III & IV/99 - JNH:/21 Imphal the 10th April 07
To
The Director of Health Services,
Manipur
Subject:- Request for regular appointment of contractual Grd. IV employee in J.N. Hospital, Porompat.
Sir,
In continuation of this office letter of even no. dated 7-1-06, 26-10-06 and 22-3-07 on the subject cited above and to state that the contractual Gr.IV employees namely (1) N. Inaomacha Singh, Top Khongnang Makhong (ii) R.K. Sanatombi Devi, Tera Naoremthong and (iii) R.K. Sanatombi Devi, Yumnam Leikai have appeared at D.P.C. for selection of regular employment Gr.IV/Ward Attendant held under the Director of Health Services, Manipur Govt. of Manipur shortly. But to utter dismay they were not selected.
At present they are working without remuneration however they have got good experience in the field of emergency services, first aid and hospital routine in duty. Therefore, their services are highly essential for smooth functioning of the hospital.
I, therefore, request you to look into the matter for regular appointment of the above 3(three) contractual Gr.IV employees of this hospital to fill up on vacant post as early as possible in the public interest.
Yours faithfully
(W. Motilal Singh)
Medical Superintendent
J.N. Hospital, Porompat"
(C) Letter dated 28.12.2009 (Annexure-A/16) :
:"GOVERNMENT OF MANIPUR
OFFICE OF THE MEDICAL SUPERINTENDENT
J.N. HOSPITAL: POROMPAT
No. Court Case/IV/JNH-2009:2667 Imphal, the 28th Dec., 2009
To
The Director of Health
Services, Manipur.
Sub: Request for regularization/appointment to the vacant post of Gr. IV.
Sir,
I have to enclose herewith a representation submitted by Shri N. Inaomacha Singh in original regarding the above subject for favour of perusal and necessary further action.
Fruther, I have to state that he is still working as Gr.IV without any remuneration.
Yours faithfully,
(L. Yoykumar Singh)
Medical Superintendent,
J.N. Hospital, Imphal.
[7] Learned counsel appearing for the petitioners, pleaded that in all these letters, the medical Superintendent informed the Director of Health Services that the petitioners were working without remuneration. Further at the same time, their cases were recommended for regular appointment. It is not disputed by the respondents.
[8] Since the services were utilized for the period subsequent to and from 10.12.2003, without there being a proper payment, as is evident from these 3 (three) letters of the medical Superintendent, they seek for payment of wages for the period mentioned in the prayers which has been rejected by the Director of Health Services by the 3 (three) impugned orders dated 17.02.2014, 21.02.2015 and 14.05.2015 (Annexure-A/23, A/27 and A/29 respectively). Relevant portion of the impugned orders are as follows :
(I) Impugned order dated 17.02.2014 (Annexure-A/23) :
"8. Whereas, in compliance of Hon'ble Court's Order dated 14/11/2008 passed in Writ Petition (C) No. 799 of 2007, the representation dated 04/05/2007 submitted by the petitioners to consider for payment of wages for the period from 10/12/2003 to 05/03/2007 at the rate of Rs. 1,000/- (Rupees one thousand) only per month and w.e.f. 06/03/2007 to till then at the rate of Rs. 2,550/- (Rupees two thousand five hundred fifty) only per month and thereafter to pay them as such regularly was disposed of with regret vide this Directorate Orders No. HC/1891/2001/DHS dated 16/03/2009.
Now, therefore, the request of the three petitioners in their representation dated 09/06/2013 to consider for payment of wages for the period from 10/12/2003 to 05/03/2007 at the rate of Rs. 1000/- (Rupees one thousand) only per month and w.e.f. 06/03/2007 to 11/03/2010 at the rate of Rs. 2,550/- (Rupees two thousand five hundred fifty) only per month and thereafter to receive as such regularly is disposed of with regret as there is no further extension of their services w.e.f. 10/12/2003 till date.
This Order is issued in pursuance of the Government of Manipur, Secretariat: Health Department letter No. 18/35/2001-M(C) Pt. dated 11/02/2014."
(II) Impugned order dated 21.02.2015 (Annexure-A/27) :
"7. Whereas, the said representation dated 09/06/2013 received on 28/06/2013 was already disposed of by a previous Speaking Order issued by the Director, Health Services Vide Order No. HC/1891/2001-DHS of 17/02/2014; and Now, in compliance with the direction of the Hon'ble High Court of Manipur vide Order dated 19/12/2014 passed in W.P. (C) No. 63 of 2014, the authorities have examined and considered the representation (A/21 to the writ petition) dated 09/06/2013, submitted to this Directorate on 26/06/2013, with the prayer for payment of their wages @ Rs. 1000/- p.m. from 10/12/2003 to 05/03/2007 and @ Rs. 2550/- p.m. from 06/03/2003 to 11/03/2010 and found the prayer untenable. The representation is hereby disposed of with regret as there is no authorized extension of their contractual services beyond 09/12/2003.
This order is issued in pursuance of the Government of Manipur Secretariat, Health Department letter No. 18/2/2014-M(C) of 06/02/2015."
(III) Impugned order dated 14.05.2015 (Annexure-A/29) :
"8. Whereas the said 3 (three) applicants filed a Writ Petition (C) No. 63 of 2014 before the High Court of Manipur thereby claiming their wages for the above mentioned period and the Hon'ble High Court was pleased to dispose of the said writ petition by its order dated 19.12.2014 thereby directing the respondents to consider and dispose of the representation dated 9/6/2013 which was received on 28/6/2013 within a period of 3 (three) months. The authority had, in compliance with the directions of the Hon'ble High Court , examined and considered all the relevant material records and disposed of the representation dated 9/6/2013 submitted by the applicants vide this directorate orders dated 21/02/2015 with regret as there is no further extension of their contractual services beyond 9/12/2003.
Now, therefore, the request of the present applicants in their representations dated 15/3/2015 in the form of counter affidavit to this Directorate Orders No. HC/1891/2001-DHS(Pt) dated 21st February, 2015 thereby requesting to reconsider the representation dated 9/6/2013 in compliance of the order dated 19/12/2014 passed by the Hon'ble High Court and the representation dated 8/4/2015 thereby requesting to withdraw/cancel/set aside the Order bearing No. HC/1891/2001-DHS(Pt) dated 21st February, 2015 and to pay the allowances of their services for the period from 10/12/2003 to 11/3/2010 are hereby considered and rejected as devoid of merit and accordingly, disposed of .
This is issued without causing any prejudice to all concerned."
[9] A reading of the above 3 (three) impugned orders makes it clear that rejection was rightly done by the authority because there appears to be no formal orders issued by the competent authority engaging these petitioners on contract basis as was done till 09.12.2003. However, in the present case, there is an admission by the Medical Superintendent in its letters which have already been extracted above, that the services of the petitioners were utilized even though extension order has not issued by the competent authority after 24.01.2007, extending period from 01.03.2002 to 09.12.2003 at the rate of Rs. 1000 per month. If the Medical Superintendent, JN Hospital, has utilized services of the petitioners without payment of remuneration, then this is a gross abuse of power and it violates fundamental rights of these petitioners for the wages which are entitled to for the services rendered.
[10] The State or Hospital concerned cannot extract work from a citizen without paying wages that is due to him. The letter of the Medical Superintendent would speak for itself that they have been engaging the petitioners because of the emergency need in the hospital. The Government is bound to ensure that adequate regular employees are provided in the Hospital so that the need for employment on contract basis may be avoided.
[11] In the present case, the Medical Superintendent, J.N. Hospital, has justified the further engagement of these petitioners on the need of Hospital and he has also conceded that remuneration has not been paid to the petitioners. That is a very serious issue and both the Medical Superintendent and the Director of Health Services are accountable to these persons from whom they have extracted work ant not paid for their lawful dues. It may be a fact which has to be ascertained by an enquiry to be conducted with the Medical Superintendent as to how they were engaging these persons on contract basis without orders of the competent authority.
[12] In any event, if the services of the petitioners have been utilized by the Medical Superintendent, it is the duty of the State and the Medical Superintendent to pay wages to these persons. They cannot escape liability of paying wages merely stating that the petitioners have not been issued formal orders of appointment. The State or the officers manning the department concerned cannot abuse or misuse their power and deny the petitioners who are Grade-IV contract employees their lawful entitlement after extracting work. It is an unfair labour practice and prohibited by law.
[13] While observing so, the Court is also conscious of the fact that it is an issue on fact. Therefore, no specific direction can be given to order payment of wages to the petitioners unless proof of employment on contract or temporary basis is confirmed based on letters of Medical Superintendent of J.N. Hospital.
[14] The Director of Health Services, Manipur, is directed to call for an enquiry and take a report from the Medical Superintendent concerned in this regard. While doing so, the petitioners will be permitted to appear and justify their plea that they have served without remuneration. If it is proved as correct, it is the bounden duty of the State to pay the wages for the services rendered by the petitioners.
[15] The above exercise shall be completed on or before 30.08.2019.
[16] Writ petition stands disposed of as above.