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| HC directs DSEJ to appear in person with records | | | Early Times Report
JAMMU, Sept 20: Justice Wasim Sadiq Nargal of Jammu and Kashmir and Ladakh High Court has directed the Director School Education Jammu to appear in the court with the record list of the contingent paid workers approved for regularization.
While hearing a petition highlighting the manner in which the practice of "forced labour" is prevalent in the country even after 72 years of independence and the helpless people similar to the petitioner continue to suffer the exploitation willingly, directed Director School Education Jammu to appear in person along with the record of the list of contingent paid workers/local fund paid workers approved for regularization in terms of SRO-308 of 2008 of Jammu Division from 1998 till date as directed by this Court vide order dated 20.04.2022.
Justice Nargal observed that Part III of the Constitution of India provides for the freedoms of which are guaranteed to every citizen of this country. The present case is specifically concerned with Article 14, Articles 21 and 23 of the Constitution of India, more particularly, Article 23. In the context of the facts of the present case, what is to be considered is that whether the payment of wages @ Rs. 500/- per year is another form of Forced Labour as barred by virtue of Article 23 of the Constitution of India or not.
Justice Nagral observed that now many of the fundamental rights enacted in Part III operate as limitations on the power of the State and impose negative obligations on the State not to encroach on individual liberty and they are enforceable only against the State. But there are certain fundamental rights conferred by the Constitution which are enforceable against the whole world and they are to be found inter alia in Articles 17, 23 and 24. The sweep of Article 23 is wide and unlimited and it strikes at "traffic in human beings and beggar and other similar forms of forced labour" wherever they are found.
Justice Nargal after following the said judgment of the Supreme Court, is of the firm view that the payment of wages at the rate of Rs. 500/- per year since the year 1998 till today to the petitioner was clearly a form of Forced Labour, which is prohibited under Article 23 of the Constitution of India. The petitioner was never in a position to bargain with the might of the State and continued to suffer the violation of rights for 14 years.
Justice Nargal observed that this is a sheer case of exploitation to a poor person by the respondents, where the respondents are extracting the work from the petitioner since 1998 and as on date and the petitioner is being paid Rs. 500/- per year which is insufficient to cater the daily needs of the petitioner and it shocks the conscience of the Court that a person even after 72 years of independence continue to suffer exploitation. The petitioner continues to be exploited by paying him a meager amount of Rs. 500/-. Since he is continuing uninterruptedly since 1998, the respondents were under legal obligation to regularize his services or he should have been paid minimum of the wages as per direction of this Court.
The Court further observed that inspite of the categoric direction issued by this Court on 20.04.2022 read with 25.05.2022, respondent No. 2 has neither complied with the aforesaid direction nor has appeared in person, which means that he is taking the Court orders casually and instead he has filed an application for seeking exemption which is declined keeping in view his conduct.
The Court observed that this is a fit case where rule can be framed against the respondent No. 2 as he is in recurring contempt and has flouted the orders passed by this Court with impunity and failed to appear before this Court in spite of categoric direction and his act, as such, is contemptuous. The stand taken by respondents while filing reply has been rejected by this Court vide order dated 20.04.2022 and respondents have no other option but to implement the same in its letters and spirit.
Before proceeding further in the matter, the Court grants final opportunity to comply the order passed by this Court on 20.04.2022 in its letter and spirit and file compliance report by or before the next date of hearing by paying him minimum of the wages besides explaining his conduct for not complying Court order dated 20.04.2022 and non-appearance and directed Director School education to appear in person along with the record of the list of contingent paid workers/local fund paid workers approved for regularization in terms of SRO-308 of 2008 of Jammu Division from 1998 till date as directed by this Court vide order dated 20.04.2022. —JNF |
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