Research › Search › Judgment

Jharkhand High Court · body

2017 DIGILAW 1258 (JHR)

Fulmani Topno, wife of Sri Simon Dang v. State of Jharkhand

2017-07-25

S.N.PATHAK

body2017
JUDGMENT : Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner has approached this Court with a prayer for making payment to the petitioner in view of Notification No.390 dated 01.03.2013, whereby and whereunder, the payment of daily wage sweepers is fixed at Rs.127/- per day, whereas the Department of Agriculture Produce Market Committee is making payment to the petitioner @ Rs.20/- per day since 2009 and also for a direction to the respondents to make payment along with arrears in terms of notification dated 23.07.2014. FACTUAL MATRIX 3. The petitioner is a daily wage employee and working as sweeper under the scheme of daily wages employee in view of Section 5(2) of the Minimum Wages Act, 1948, whereby the minimum wages has been defined and fixed @ Rs.127/- per day for unskilled labour vide notification dated 23.07.2014. By letter No. 325 dated 29.08.2011, the Additional Secretary, State of Jharkhand has already indicated that the minimum wages will be paid to the concerned daily wages labourers since 01.04.2011. It has been stated that the petitioner is a 4th grade employee and at present, is working as sweeper in the Agriculture Produce Market Committee, Khunti since 2009 and the Department is making payment @ Rs.20/- per day, ignoring the notification issued by the Government of Jharkhand and in view of the said notification, the petitioner is legally entitled for minimum wages of Rs.127/- per day. 4. It has been further stated that aggrieved by the non-payment of the daily wages in view of the notification, the petitioner filed several representations before the respondent-authorities but they have not passed any orders and accordingly, the petitioner, who is working on the post of sweeper, has to run from pillar to post for getting her legally due amount in view of notification dated 23.07.2014. When no heed was paid to her requests, the petitioner has rushed this Hon’ble Court by filing the instant writ application for redressal of his grievances, as she was not paid the legal due accrued to her in view of the notification dated 23.07.2014 and in view of the recommendation done by the Secretary of Jharkhand Agriculture Produce Marketing Committee, Khunti dated 11.12.2014. 5. Ms. 5. Ms. Khalida Haya Rashmi, learned counsel appearing for the petitioner, argues that the petitioner is a 4th grade employee and that also working on the post of sweeper and though her case was recommended for making payment in view of notification dated 23.07.2014, the respondents have not paid any heed to the said notification or the recommendation of the Secretary. Learned counsel submits that in view of the fact that petitioner is a 4th grade employee and there is a notification of the State Government and also recommendation of the Department, which says that she is entitled for the said payment, hence, she prays to this Court for a direction to the respondents to release the entire benefits to the petitioner within a stipulated period. 6. Per contra counter-affidavit has been filed by the respondents. Mr. Mrinal Kanti Roy, learned counsel appearing for the respondents, at the outset submits that this writ petition is not maintainable in view of the fact that alternative remedy is available to the petitioner and inspite of that, the petitioner has rushed to this Hon’ble Court and in view of the that, this writ petition should be dismissed in limine. However, learned counsel submits that if the representation of the petitioner is pending before the Secretary, Jharkhand Agriculture Produce Marketing Committee, Khunti, the same will be disposed of in accordance with law. 7. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that since the petitioner has preferred representation before the respondents, particularly, before the respondent No. 5, in view of the notification dated 23.07.2014 and in view of the fact that petitioner belongs to the cadre of 4th grade employee that also to the lowest post of sweeper, sympathetic view may be taken and if the petitioner is found entitled for the payment @ Rs.127/- per day including arrears of salary, in view of the notification dated 23.07.2014 and recommendation dated 12.12.2014, I hereby direct the Secretary, Jharkhand State Agriculture Marketing Board to take a decision and make the payment accordingly within a period of four weeks from the date of receipt of a copy of this order. 8. Resultantly, the writ petition stands disposed of.