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2025 DAILYLAW 6160 (JK)

MST. AZI v. MR. MOHAMMAD RAFI

CPSW/156/2009 · 2025-02-18

Sanjay Dhar

body2025

Judgment text

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04 Regular HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CPSW No. 156/2009 Mst. Azi ….. Petitioner (s) Through: Ms. Masooda Jan, Adv. V/s Mr. Mohammad Rafi ….. Respondent(s) Through: Mr. Syed Musaib, Dy. AG Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge. ORDER 18.02.2025 1. Through the medium of instant petition, the petitioner is seeking implementation of the order dated 03.10.2007 passed by this Court in SWP No. 1132/2007. 2. Vide the aforesaid order, the respondents were directed to consider the petitioner’s case for regularization of her services if she is in a position under rules. A further direction was issued to the respondents to consider the payment of unpaid wages due to her in light of the ultimate result of consideration that the respondents would accord to her case. 3. Statement of facts/compliance report stands filed by the respondents in which it has been submitted that the petitioner had been working as Sweeper in Type Training Centre, Khag under Asif Gull I attest to the accuracy and authenticity of this document 18.02.2025 03:14 P a g e | 2 CPSW No. 156/2009 TRYSEM Scheme on consolidated wages of Rs. 750/- per month w.e.f 26.12.1994 to November 1997. It has been submitted that the said Type Training Centre was closed after November 1997 and with the closure of the Scheme the term of all engages as Instructors, Helpers and Sweepers stands expired. It has been also indicated in the reply that the petitioner has been paid for the period she has actually worked and that there were no withheld wages. The status report goes on to indicate that an amount of Rs. 27,898/- has been paid to the petitioner pursuant to the award passed by the Labour Court under the Payment of Wages Act. It has been submitted that the petitioner has worked for a specific period under the Scheme, as such, she is not entitled to regularization of her services. 4. In view of the statement of facts filed by the respondents, the direction of the writ Court stands complied with. As such, no case for proceeding against the respondents is made out. The contempt proceedings are closed and the contempt petition is disposed of accordingly. (Sanjay Dhar) Judge SRINAGAR 18.02.2025 Aasif Asif Gull I attest to the accuracy and authenticity of this document 18.02.2025 03:14