Bashir Ahmed Gorsi v. Ut of J and K Th Commissioner Secretary Industries and Commerce Department and Others

ORDER

07.02.2025

¶01The only grievance which has been projected by the petitioner in the instant petition is that he would feel satisfied if a direction is issued to the Sr. No. 112 2 | P a g e WP(C) No. 271/2025

respondents to treat the instant petition as a representation by directing the respondents to accord consideration to the same for release of his unpaid wages/salary for the period he has worked i.e. 18.04.2024 till December 2024, the petitioner has worked out the wages which comes to the tune of Rs. 1,84,937/- till December 2024 and is being payable as per the petitioner for the services rendered by him.

¶02It is the further case of the petitioner that the petitioner is performing his duties as on date and respondents are also under a legal obligation to release his wages for the future as well.

¶03Heard learned counsel for the petitioner at length and perused the record.

¶04Issue notice to the respondents.

¶05Ms. Pallavi Sharma, Advocate appearing vice Mr. Ravinder Gupta, learned AAG waives notice on behalf of the respondents and submits that she is not averse to the aforesaid preposition, provided the case of the petitioner is directed to be accorded consideration under rules and as per law.

¶01With the consent of the learned counsel for the parties, the instant writ petition is taken up for disposal at the threshold and, is accordingly, disposed of by directing the respondents to treat the instant writ petition as a representation and accord consideration to the same within six weeks from the date copy of this order along with the annexure(s) are made available to the respondents, strictly under rules and as per law by according consideration to the case of the petitioner for release of his unpaid wages/salary w.e.f

18.04.2024 till December 2024 and also for his future salary as well, provided the petitioner is working and if there is no other legal impediment coming in 3 | P a g e WP(C) No. 271/2025

the way of the respondents to release the same. The order of consideration which is likely to be passed be forwarded to the petitioner by the respondents through registered post.

¶02It is also made clear that the petitioner is at liberty to provide the relevant record to respondent no. 2-Managing Director, Jammu and Kashmir Small Scale Industries Development Corporation Limited Gangyal, Jammu, (SICOP) with a view to substantiate his claim that he is performing his duties and the salary for the period he has worked, has not been paid in case the same is required by the said respondent.

¶03Thus, the instant writ petition, is accordingly, 'disposed of' along with connected application(s).

(WASIM SADIQ NARGAL)

JUDGE

JAMMU

07.02.2025 Mihul

Whether the order is speaking : Yes/No

Whether the order is reportable : Yes/No

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 271/2025 CM No. 526/2025 Bashir Ahmed Gorsi, aged 41 years S/o Mohammad Shafi Gorsi R/o Khaar Mohalla, Yari Khah, Anantnag ..... Petitioner(s) Through :- Mr. Rahul Sharma, Advocate Vs 1. Union Territory of Jammu and Kashmir Industries and Commerce Department, Through its Commissioner Secretary, Jammu. 2. Managing Director, SICOP Jammu and Kashmir Small Scale Industries Development Corporation Limited Gangyal, Jammu- 180010. 3. Divisional Manager, SICOP (Finance) Raw Material Department Jammu and Kashmir Small Scale Industries Development Corporation Limited Gangyal, Jammu- 180010. 4. General Manager (Raw Material) Raw Material Department Jammu and Kashmir Small Scale Industries Development Corporation Limited Gangyal, Jammu- 180010. .....Respondent(s) Through :- Ms. Pallavi Sharma, Advocate vice Mr. Ravinder Gupta, AAG CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE