Supreme Court slams J&K for failing to regularise daily wagers for 16 years despite court order

The Supreme Court recently expressed displeasure at the conduct of Jammu and Kashmir government for not complying with a High Court direction to regularise the services of certain daily wage workers for over 16 years despite a High Court direction issued in 2007..The Bench of Justices Surya Kant and N Kotiswar Singh stated that the case was a text book example of government authorities considering themselves to be above the law."We are constrained to observe that the present case is a glaring and textbook example of obstination exhibited by the state officials/authorities, who consider themselves to be above and beyond the reach of law. The inaction of the officers of the petitioner - Union Territory, who took about 16 years to comply with a simpliciter High Court order passed on 03.05.2007, is shocking and prima facie contemptuous," the Court said..The daily wage workers had moved the High Court in 2006 seeking regularization of their service and payment of wages in terms SRO 64 of 1994 as they had been working for 14 to 19 years.The High Court had ruled in their favour in 2007..The Union Territory administration preferred an appeal before the Supreme Court but the top court observed that the conduct of J&K administration was prima facie contemptuous..The Bench further observed that it was an incontrovertible fact that the respondents, being daily wage workers, were being repeatedly harassed by the petitioners by passing cryptic orders, thereby overlooking the true import and spirit of the order dated May 3, 2007 passed by the single-judge of the High Court.Therefore, the Supreme Court proceeded to dismiss the appeal.It mooted imposition of costs on the officers responsible but later refrained from doing so in view of the fact contempt of court proceedings are already ongoing before the High Court."In actuality, we consider the instant case fit for imposing exemplary costs on the delinquent officers, besides also recommending strong disciplinary actions against them. However, we presently refrain ourselves from doing so, keeping in view the fact that the contempt proceedings are still pending before the learned single-judge. We, consequently, request the learned single-judge to take up the contempt proceedings on a weekly basis and ensure that majesty and sanctity of law is well maintained," the top court said..Advocate Rushab Aggarwal appeared for the Union Territory while Advocate on Record Soayib Qureshi appeared for the employees. .[Read Order]