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Regularisation of daily wagers: Supreme Court stays Calcutta High Court verdict suspending A&N Islands Chief Secretary

The Supreme Court on Friday stayed the order passed by the Calcutta High Court on August 2, suspending the Chief Secretary of the Andaman and Nicobar Islands administration and fining the Lt Governor of the Union Territory in a case related to regularisation of daily wage employees.

The matter was mentioned today by Attorney General R. Venkataramani before the Bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra.

The AG apprised the Apex Court that the Port Blair Circuit Bench of the High Court on Wednesday suspended A&N Chief Secretary Keshav Chandra in and fined LG of the UT Admiral D.K. Joshi Rs five lakh to be paid from his ‘own funds’ for not implementing directions regarding the regularisation of daily wagers.

While issuing notice on the petition, the Bench observed in a lighter vein that the petitioner must have done something ‘drastic’ and ‘riled up the Judge’ so much to get such an order. The Apex Court then listed the matter for further hearing on August 11. 

On August 2, the Division Bench of Justice Rajasekhar Mantha and Justice Bibhas Ranjan De observed that the conduct of the contemnors was ex facie contumacious and has reduced the contempt jurisdiction of a Division Bench of this Court under Article 215 of the Constitution of India to a mockery.

After perusing the affidavit of compliance filed by the contemnors, the Division Bench took exception to the fact that it did not mention any substantial steps in compliance with the Court’s earlier orders.

The Division Bench passed the orders on a contempt application filed by the Andaman Sarvajanik Nirman Vibhag Mazdoor Sangh against the Andaman and Nicobar Islands administration.

The petition alleged that the Union Territory administration failed to comply with earlier orders of the High Court directing withdrawal of an undertaking to be signed by Daily Rated Mazdoors (DRMs), as well as removal of a distinction between the DRMs engaged in sanctioned and non-sanctioned posts.

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