S. No.27 Regular List ,,,HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2087/2022 CM No.5269/2022 MOHAMMAD MUBARAK HAJI AND ORS …..Petitioner(s) Through: Mr.Aswad Attar, Advocate. V/s UNION TERRITORY OF J AND K AND ORS. … ..Respondent(s) Through : Mr.Zahid Qais Noor, GA CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE JUDGMENT 20.05.2025 1. The petitioners, through the medium of present petition, have sought a direction upon the respondents to release the wages in their favour @ Rs.300/- per day from 01.04.2022 in light of Government Order No.121-F of 2022 dated 23.04.2022. A further direction to release the wages in favour of the petitioners @ Rs.225/- per day w.e.f 01.01.2018 in terms of Government Order No.27-F of 2018 dated 25.01.2018 and @ Rs.150/- per day with effect from the year 2014 alongwith all consequential benefits, has also been sought. WP(C) No.2087/2022 2 | P a g e 2. As per case of the petitioners they came to be engaged as casual labourers in the year 2014 by the respondents by virtue of various orders. It has been submitted that the petitioners were being paid minimum wages. It has been further submitted that the Government has enhanced wages to daily wagers from Rs.225/- to Rs.300/- per day w.e.f 01.04.2022 in terms of Government Order No.121-F of 2022 dated 23.04.2022, but the petitioners are still being paid wages @ Rs.100/- per day, which is against the mandate of Minimum Wages Act. 3. It has been submitted that in the year 2018 the Government vide Order No.27-F of 2018 dated 25.01.2018 enhanced the wages from Rs.150/- per day to Rs.225/- per day. It has been further submitted that despite issuance of Government Orders dated 25.01.2018 and 23.04.2022 enhancing the wages of casual labourers, the petitioners are being paid wages @Rs.100/- per day. The petitioners are stated to have moved representations before the respondents for enhancement of their wages but without any success. 4. Respondents have contested the writ petition by filing their reply. In the reply it has been submitted that the petitioners are neither working as daily wagers nor they are in receipt of Rs.225/- per day as wages. It has been further submitted that WP(C) No.2087/2022 3 | P a g e Government Order No.121-F of 2022 dated 23.04.2022 is applicable only to the duly engaged daily wagers, including casual labourers. It has been submitted that the petitioners are working on need basis in the respondent department and not as daily wagers/casual labourers, as such, the Government Order dated 23.04.2022 is not applicable to them. It has also been submitted that need based workers, including the petitioners, are being paid wages on the consolidated basis ranging from Rs.2000/- to Rs.4500/- per month. 5. It has been further submitted that the matter was taken up with the Finance Department and the said Department vide its Communication dated 20.07.2022 has advised that the Government Order dated 23.04.2022 is applicable only to the duly engaged daily wagers including casual labourers in all Government department. On this ground it is being submitted that the petitioners are not entitled to enhanced wages. 6. I have heard learned counsel for the parties and perused record of the case. 7. There is no dispute to the fact that in terms of Government Order No.121-F of 2022 dated 23.04.2022 wages @ Rs.300/- per day are to be paid to the daily wagers including casual labourers in all Government Departments w.e.f 01.04.2022. It is also not in dispute that vide Government Order No.27-F of WP(C) No.2087/2022 4 | P a g e 2018 dated 25.01.2018 the wages of daily wagers, including casual labourers in all Government departments, were enhanced from Rs.150/- per day to Rs.225/- per day w.e.f 01.01.2018. The petitioners claim that they are being paid wages @ Rs.100/- per day only and not in accordance with Government Orders dated 25.01.2018 and 23.04.2022. 8. The ground on the basis of which the respondents are denying the wages to the petitioners at the enhanced rates is that the petitioners were engaged on consolidated wages ranging from Rs.2000/- to Rs.4500/- per month and due to the fact that wages to the petitioners are being paid on consolidated basis, the Minimum Wages Act would not be applicable to them. 9. In the above context if we have a look at the engagement orders of the petitioners, copies whereof have been placed on record by them and authenticity whereof has not been disputed by the respondents, it is revealed that the petitioners have been engaged as casual labourers on need basis on the minimum wages permissible under rules. The engagement orders of petitioners are identical in nature and the said orders specifically provide that the petitioners have been engaged on need basis on minimum wages applicable under rules. Thus, contention of the respondents that the petitioners were engaged on consolidated wages is not borne out from the WP(C) No.2087/2022 5 | P a g e record. What is evident from the record is that the petitioners were engaged as casual labourers and they had to be paid minimum wages as permissible under rules. 10. Since there is no dispute to the fact that casual labourers engaged by the Government departments are to be paid wages in terms of Government orders dated 25.01.2018 and 23.04.2022, therefore there is no justification for the respondents to deny the wages to the petitioners at the rates and for the period mentioned in the aforesaid two Government orders. 11. Section 12 of the Minimum Wages Act casts a legally enforceable duty upon the employer to pay every employee wages at the rate not less than minimum wages fixed. Since the minimum wages have been fixed by Government of J&K in terms of Government Orders dated 25.01.2018 and 23.04.2022, as such the respondents cannot deny the benefit of the same to the petitioners. Doing so would be violation of Section 12 of the Minimum Wages Act, which is impermissible in law. 12. For the foregoing reasons, this petition is allowed and respondents are directed to pay wages to the petitioners at the rate of Rs.225/- per day from 1st January, 2018 up to 31st March, 2022 and at the rate of Rs.300/- per day from WP(C) No.2087/2022 6 | P a g e 01.04.20222 onwards for the days they have actually worked with the respondents. The petitioners shall also be entitled to arrears of the wages for the aforesaid period. 13. The respondents shall calculate and disburse the wages, including the arrears at the aforesaid rates and for the aforesaid period to the petitioners, within a period of three months from the date a copy of this order is made available to the respondents, failing which, the arrears of wages shall carry interest @6% per annum till their realization. (SANJAY DHAR) JUDGE SRINAGAR 20.05.2025 Sarveeda Nissar 1. Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 23.05.2025 14:22