Bhukkhan vs The State Of U.P. And 3 Others
2021 Latest Caselaw 9809 ALL

Citation : 2021 Latest Caselaw 9809 ALL
Judgement Date : 6 August, 2021

Allahabad High Court

Bhukkhan vs The State Of U.P. And 3 Others on 6 August, 2021

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 9045 of 2021
 

 
Petitioner :- Bhukkhan
 
Respondent :- The State Of U.P. And 3 Others
 
Counsel for Petitioner :- Hriday Narayan Pandey,Rajendra Kumar Pandey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

The petitioner claims that he is working as daily wager with the Forest Department, however, he is not even being paid the minimum wages which is statutory right of the petitioner.

The counsel for the petitioner has placed reliance on the judgement of the Supreme Court passed in Civil Appeal Nos. 10957-10963 of 2018 (Sabha Shanker Dube vs. Divisional Forest Officer and others), dated 14.11.2018 wherein the Supreme Court had recorded the statement of the Chief Conservator of Forest in an affidavit filed to the effect that directions were given to all officers concerned for payment of daily wages at minimum of pay scale. The Supreme Court ultimately passed the following order:

"For the aforementioned reasons, we allow these Appeals and set aside the judgments of the High Court holding that the Appellants are entitled to be paid the minimum of the pay scales applicable to regular employees working on the same posts. The State of Uttar Pradesh is directed to make payment of the minimum of pay scales to the Appellants with effect from 1 st December, 2018."

The petitioner claims that despite the said order the minimum wages are not being paid.

The present petition is disposed of with liberty to the petitioner to file a detailed representation before the District Forest Officer, Ballia, (respondent no. 4) within a period of three weeks from today along with certified copy of this order. In the event such representation is filed the respondent no. 4 shall take a decision thereupon within a period of two months taking into account the judgement of Supreme Court and the affidavit filed before the Supreme Court, as recorded above.

The writ petition is disposed off in terms of the order passed above.

Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.

Order Date :- 6.8.2021

S. Rahman