The Supreme Court has expressed its strong displeasure against the Jammu and Kashmir government for not complying with a High Court order passed in 2007, directing to regularise the services of certain daily wage workers.
The Bench of Justice Surya Kant and Justice N Kotiswar Singh observed that the case was a glaring and textbook example of obstination exhibited by the state authorities, considering themselves to be above and beyond the reach of law.
Dismissing an appeal filed by the Union Territory administration, the Apex Court said the inaction of J&K officers, who took about 16 years to comply with a simpliciter High Court order passed on May 3, 2007, was shocking and prima facie contemptuous.
The daily wage workers had moved the High Court in 2006 seeking regularisation of their service and payment of wages in terms of SRO 64 of 1994 as they had been working for 14 to 19 years. A single-judge Bench of the High Court passed an order in 2007, directing the Union Territory administration to regularise their services.
The J&K administration challenged the order in the Apex Court.
The top court of the country noted that it was an incontrovertible fact that the respondents, being daily wage workers, were being repeatedly harassed by the petitioners by passing cryptic orders, thereby overlooking the true import and spirit of the order dated May 3, 2007 passed by the single-judge Bench of the High Court.
The Bench initially decided to impose exemplary costs on the officers responsible but later refrained from doing so in view of the fact that contempt of court proceedings were already ongoing before the High Court.
The top court of the country directed the single-judge Bench of the High Court to take up the contempt proceedings on a weekly basis and ensure that the majesty and sanctity of law was wellimaintained in the case.