A.V. Nagarathanamma vs The District Social Welfare Officer Social Welfare Department, Hassan District, Hassan and Others

Anand Byrareddy

Heard the learned counsel for the petitioner and the respondent

The petitioner is before this Court for the second time. She had earlier approached this Court claiming that the respondent had denied her minimum wages and she ought to have been paid the minimum wages from the date of her initial appointment and had therefore sought for a direction to pay her arrears and consequential benefits and also for her absorption. This having been rejected by the respondent, this Court had allowed the earlier writ petition in W.P.No.39141/01 and had set aside the endorsement issued by the respondent with a direction to reconsider her case in accordance with law. It was pointed out that pursuant to the order of this Court, the respondent No.4 had passed an order at Annexure-"K" dated 18.11.2005 directing that the petitioner be paid minimum wages with effect from 18.11.2005 only though the Government Order under which such endorsement was provided for the petitioner, it is indicated that the concerned employees would be entitled to minimum wages with effect from 20.6.2003. This having been over-looked by the fourth responded the petitioner is before this Court yet again.

''The learned counsel for the respondent would not seriously dispute the position that the Government order under which the petitioner claim the minimum wages does indicate that the petitioner is entitled to minimum wages of Rs.1,200/- with effect from 20.6.2003 and that she would be entitled to arrears as indicated in the Government Order.

In that view of the matter, the petition is allowed The respondent having been responsible for driving the petitioner to approach this Court twins over would even be responsible to pay the costs of this petition. However, it would be sufficient if the respondents pay the arrears due without driving the petitioner to come before this Court yet again. Accordingly, the respondents shall release the arrears due to her within a period of four weeks, if not earlier, from the date of receipt of a certified copy of this order. In the event they fail to do so, the respondents shall pay costs of Rs.5,000/- and interest on the arrears at 10% per annum till date of payment.