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2026 DAILYLAW 577 (JK)

RAVI KUMAR AND OTHERS v. U T OF J AND K TH COMMISSIONER SECRETARY RURAL DEV DEPTT AND OTHERS

WP(C)/295/2023 · 2026-02-10

Sanjay Dhar

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- CM(M) No.1454/2026 in WP(C) No.295/2023 Ravi Kumar & Ors. …..Applicant(s)/Petitioner(s) Through: Ms. Monika Devi, Advocate vice Mr. Mohinder Kumar, Advocate Vs UT of J&K & Ors. .….Respondent(s) Through: Ms. Saliqa Sheikh, Advocate vice Mr. Raman Sharma, AAG Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (07.04.2026) 1. Six petitioners came together to lay writ petition bearing WP(C) No.295/2023 thereby seeking a writ of mandamus unto the writ respondents for paying them their minimum wages on account of their purported engagement as manual workers as Mali-cum-Chowkidar. 2. The writ petition came to suffer dismissal on account of non-prosecution in terms of an order dated 10.02.2026 for seeking restoration of which the petitioners have come forward with present application filed on 10.03.2026. 3. This Court is of opinion that no purpose would be served by restoring the writ petition to its original number in view of the fact that the petitioners otherwise had knocked at the wrong door in terms of their purported claim for minimum wages when at the relevant point of time, the Minimum Wages Act, 1948 was Regular list Serial No.07 2 CM(M) No.1454/2026 in WP(C) No.295/2023 very much available to be invoked for seeking redressal of their respective grievance. 4. While the writ petition was pending, the Code on Wages, 2019 came to be enacted as a law whereby matters relating to claim for minimum wages are meant to be governed under the said Code on Wages, 2019 and that would surely provide a forum of remedy for the petitioners also to avail, in case, if they are so advised to stake their respective purported claims for payment of minimum wages before the appropriate authority as provided under the Code on Wages, 2019, which then can adjudicate the respective claims on merits. 5. Accordingly, the application-CM No.1454/2026 for restoration is not allowed. However, dismissal of the writ petition shall not prejudice the right of the petitioners to invoke and avail the remedy under the Code on Wages, 2019. (RAHUL BHARTI) JUDGE JAMMU 07.04.2026 Sneha