BASHIR AHMED GORSI v. UT OF J AND K TH COMMISSIONER SECRETARY INDUSTRIES AND COMMERCE DEPARTMENT AND OTHERS
WP(C)/271/2025 · 2025-02-07
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 1825 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 1825 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case: WP(C) No. 271/2025 CM No. 526/2025
Bashir Ahmed Gorsi, aged 41 years S/o Mohammad Shafi Gorsi R/o Khaar Mohalla, Yari Khah, Anantnag
..... Petitioner(s)
Through :- Mr. Rahul Sharma, Advocate
Vs
1. Union Territory of Jammu and Kashmir Industries and Commerce Department, Through its Commissioner Secretary, Jammu.
2. Managing Director, SICOP Jammu and Kashmir Small Scale Industries Development Corporation Limited Gangyal, Jammu- 180010.
3. Divisional Manager, SICOP (Finance) Raw Material Department Jammu and Kashmir Small Scale Industries Development Corporation Limited Gangyal, Jammu- 180010.
4. General Manager (Raw Material) Raw Material Department Jammu and Kashmir Small Scale Industries Development Corporation Limited Gangyal, Jammu- 180010.
.....Respondent(s)
Through :- Ms. Pallavi Sharma, Advocate vice Mr. Ravinder Gupta, AAG
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 07.02.2025
01. The only grievance which has been projected by the petitioner in the instant petition is that he would feel satisfied if a direction is issued to the Sr. No. 112
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respondents to treat the instant petition as a representation by directing the respondents to accord consideration to the same for release of his unpaid wages/salary for the period he has worked i.e. 18.04.2024 till December 2024, the petitioner has worked out the wages which comes to the tune of Rs. 1,84,937/- till December 2024 and is being payable as per the petitioner for the services rendered by him.
02. It is the further case of the petitioner that the petitioner is performing his duties as on date and respondents are also under a legal obligation to release his wages for the future as well.
03. Heard learned counsel for the petitioner at length and perused the record.
04. Issue notice to the respondents.
05. Ms. Pallavi Sharma, Advocate appearing vice Mr. Ravinder Gupta, learned AAG waives notice on behalf of the respondents and submits that she is not averse to the aforesaid preposition, provided the case of the petitioner is
directed to be accorded consideration under rules and as per law.
01. With the consent of the learned counsel for the parties, the instant writ petition is taken up for disposal at the threshold and, is accordingly,
disposed of by directing the respondents to treat the instant writ petition as a representation and accord consideration to the same within six weeks from the date copy of this order along with the annexure(s) are made available to the respondents, strictly under rules and as per law by according consideration to the case of the petitioner for release of his unpaid wages/salary w.e.f 18.04.2024 till December 2024 and also for his future salary as well, provided the petitioner is working and if there is no other legal impediment coming in
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the way of the respondents to release the same. The order of consideration which is likely to be passed be forwarded to the petitioner by the respondents through registered post.
02. It is also made clear that the petitioner is at liberty to provide the relevant record to respondent no. 2-Managing Director, Jammu and Kashmir Small Scale Industries Development Corporation Limited Gangyal, Jammu, (SICOP) with a view to substantiate his claim that he is performing his duties and the salary for the period he has worked, has not been paid in case the same is required by the said respondent.
03. Thus, the instant writ petition, is accordingly, ‘disposed of’ along with connected application(s).
(WASIM SADIQ NARGAL)
JUDGE
JAMMU 07.02.2025 Mihul
Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No