STATE OF JAMMU AND KASHMIR AND ORS. versus ABDUL MAJID

Citation: [2007] 1 S.C.R. 213 · Decided: 05-01-2007 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Disposed off

Judgment (excerpt)

i 
ST ATE OF JAMMU AND KASHMIR AND ORS. 
A 
v. 
ABDUL MAJID 
JANUARY 5, 2007 
[DR. AR. LAKSHMANAN AND ALTAMAS KABIR, JJ.] 
B 
Interim Order: 
High Court-Single Judge in a writ peticion directing State 
Government, inter alia, to pay wages of workman from a specified date-
C 
State filing a Letters Patent appeal challenging said order-Division 
Bench by an interim order directing State Government to deposit the 
money in terms of Minimum Wages Act and to pay the said amount to 
respondent within two weeks-Held, direction of Division Bench to pay the 
amount to respondent pending Letters Patent appeal is not warranted at 
D 
this stage-However, the direction to deposit the wages in accordance 
with terms of Minimum Wages Act not interfered with and time granted for 
the purpose-The amount so deposited shall be subject to final outcome 
of Letters Patent appeal-Minimum Wages Act, 1948. 
In a writ petition filed by respondent-workman, the Single Judge of 
E 
the High Court directed the appellants, inter alia, to pay the respondents 
minimum wages w.e.f. January 1992 at such rates as were prevalent from 
time to time. The appellants filed a Letters Patent appeal, and the Division 
Bench of the High Court by an interim order directed the appellants to 
deposit the wages in accordance with the terms of Minimum Wages Act 
F 
from January 1992 to March 2006 and to pay the said amount to the 
respondents within two weeks. Aggrieved, the State Government filed the 
instant appeal. 
Disposing of the appeal, the Court 
HELD: The direction of Division Bench of the High Court to pay the 
amount to the respondent within two weeks pending disposal of the Letters 
Patent Appeal is not warranted at this stage. However, the direction 
requiring the State to deposit the wages of the respondent in accordance 
G 
with the terms of Minimum Wages Act from January, 1992 to March, 2006 
H 
213 
214 
SUPREME COURT REPORTS 
[2007] I S.C.R. 
A 
is not interfered with. Therefore, further time is given to the State by four 
weeks to comply with the direction in regard to the deposit of the minimum 
wages, which shall be subject to the final outcome of the Letters Patent 
Appeal. On such deposit, the Registrar General is directed to invest the 
same in a short term fixed deposit in a nationalized bank. 
B 
[Para 6) [215-E-H, 216-A) 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 65 ot:~007 
l--
J 
From the interim Order dated 3.4.2006 of the High Court of Jammu and 
., 
c 
Kashmir in LPA (SW) No. 81/2006, C.M.P. No. 53/2006. 
} 
AtlafH. Nayak, A.G., State of Jammu and Kashmir and Anis Suhrawardy 
for the Appellants. 
Vijay Kumar for the Respondent. 
D 
The Judgment of the Court was delivered by 
E 
DR. AR. LAKSHMANAN, J. : Leave granted. 
2. Heard Mr.Altaf H.Nayak, learned Advocate-General for the State of 
Jammu & Kashmir and Mr.Vijay Kumar, learned counsel for the respondent. 
3. The appeal is directed against an interim order dt.03.04.2006 passed 
by the High Court in LPA(SW) No.8112006 and CMP No.53/2006 arising out 
ofSWP No.1513/2004. 
F 
4. The learned Single Judge of the High Court while disposing of the 
G 
H 
Writ Petition filed by the respondent herein issued the following directions:-
"(I) pay to the petitioner minimum wages as payable under the 
Minimum Wages Act w.e.f. January, 1992 at such rates as 
were prevalent from time to time. 
2. 
petitioner be considered for regularization as' class iv. 
3. 
Petitioner be brought on regular establishment as helper/ 
class-IV whichever be the lowest post available on the regular 
establishment of the department within a period of two months. 
• -
STATE OF JAMMU AND KASHMIR v. ABDUL MAJID [LAKSHMANAN, J.] 
215 
4. 
Non-observance of this direction within the stipulate"d period 
A 
will amount to commission of contempt of court. 
·Registrar Judicial shall place this file before this court on the expiry 
of two months. Copy of this Order shall be furnished to Mrs.Neeru Goswami 
appearing for respondents for compliance." 
5. Aggrieved against the said order, the State has preferred the Letters 
Patent Appeal which was taken on file as LPA No.8112006. 
The State 
challenged the correctness of the directions issued by the learned Single 
Judge in the Letters Patent Appeal. Admittedly, the Letters· Patent Appeal 
B 
filed by the State is pending final disposal. In the meanwhile, the High Court 
C 
directed the State to deposit the wages of the respondent in accordance with 
the terms of Minimum Wages

Excerpt shown. Read the full judgment & AI analysis in Lexace.