WPPIL/91/2019
2024 Latest Caselaw 2009 UK

Uttarakhand High Court

WPPIL/91/2019 on 4 September, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                          COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      04.09.2024                        WPPIL No. 91 of 2019
                                        WPPIL No. 136 of 2020

                                        Hon'ble Ritu Bahri, C.J.

Hon'ble Rakesh Thapliyal, J.

1. Mr. J.S. Virk, learned Amicus Curiae.

2. Mr. P.C. Bisht, learned Additional Chief Standing Counsel for the State.

3. Counsel for the State has informed that the State is still examining this issue.

4. The total population of the State of Uttarakhand is about one crore twenty two lakh. The jail inmates in the entire State of Uttarakhand are about 5467. As per the Notification dated 19.01.2024, issued by the Headquarters, Prison Administration and Correctional Services Department, Uttarakhand, the minimum wages given to the inmates are as under:

                                             unskilled    - Rs. 55/-
                                             semi-skilled - Rs. 65/-
                                             skilled      - Rs.85/-

In the jail, they are to be reformed, and they are not to be exploited like slaves.

5. In WPPIL No. 29 of 2024, which is listed on 30.09.2024, the Court is examining an issue - whether for the year 2016-2017, exemption from penalty by the mining department has been given to 18 persons and the amount is about rupees fifty crores. The State is directed to file a counter- affidavit giving all the above details of the exemption from penalty.

6. In the present case, as per the judgment of Hon'ble Supreme Court in State of Gujarat & another Vs Hon'ble High Court of Gujarat (1998) 7 SCC 392, minimum wages has to be given to the inmates when they are doing work. Much water has flown since 1998. As of now, the goods being produced by jail inmates are being sold in shops, and no profit is being shared with them.

7. This Court can issue notice of contempt if no serious steps are taken before the next date of hearing for implementing the above said judgment of the Supreme Court.

8. List the matter on 30.09.2024.

(Rakesh Thapliyal, J.) (Ritu Bahri, C.J.) 04.09.2024 04.09.2024 Negi