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Delhi High Court - Orders

Nitin Verma vs Government Of Nct Of Delhi & Anr on 15 June, 2020

Author: Jyoti Singh

Bench: Jyoti Singh

$~A-4
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

 +    W.P. (C) 3516/2020

      NITIN VERMA                                           ..... Petitioner
                           Through      Mr. Sanjay Kumar, Advocate.

                           versus

      GOVERNMENT OF NCT OF DELHI & ANR.                     ..... Respondents

                           Through      Mr. Sanjoy Ghose, ASC with Ms.
                                        Urvi Mohan, Advocates for R-1 & 2.
      CORAM:
      HON'BLE MS. JUSTICE JYOTI SINGH
                   ORDER

% 15.06.2020 CM No. 12484/2020 (Exemption) In view of the reasons stated in the Application, the same is disposed of with a direction to the Applicant to file duly attested Affidavits, certified copies of annexures and requisite Court Fee within a period of one week of lifting of the lockdown.

Application stands disposed of in the aforesaid terms. W.P. (C) 3516/2020 and CM No. 12483/2020 Hearing has been conducted through Video Conferencing. Petitioner is a convict and is presently undergoing sentence of life imprisonment in jail.

The grievance of the Petitioner in the present Petition is that despite the fact that there has been a revision in the standard rates of wages of prisoners in June, 2019 by the Government, yet the Petitioner is being paid in the scale of 2014.

It is averred in the Petition that the jails in the State of NCT of Delhi are managed in accordance with the provisions of Delhi Prisons Act, 2000 and the Rules made thereunder i.e., Delhi Prison Rules, 2018, Chapter VII and Chapter XV.

It is further averred that convicts and under-trial prisoners who volunteer to work are eligible for employment and daily wages. Petitioner has been working dedicatedly as a Sahayak.

The grievance of the Petitioner arises from the fact that on 20.06.2019, office of Respondent No. 1 issued a Communication revising the standardized rates of per day wages for skilled, semi-skilled and unskilled categories and despite the passage of one year, the order has not been implemented with respect to the Petitioner and the other under-trials and convicts housed in jails.

Issue Notice.

Mr. Sanjoy Ghose, learned ASC, accepts Notice on behalf of the Respondents and submits that he has instructions to state that on 01.06.2020, Respondents have received an Opinion from the Labour Department regarding the applicability of the minimum wages to the prisoners, both convicts and under-trials, under the existing Labour laws.

Based on the Opinion so received, on 01.06.2020, a Final Proposal for implementation of the Communication dated 20.06.2019, has been sent by the Prisons Department to the Home Department and the Respondents are hopeful that by mid-July, 2020, grievance of the Petitioner would be redressed and he and the others would start receiving the benefits of the revised wages.

In view of the above stand of the Respondents, detailed Counter Affidavit is not required. Respondents would pass a Final Order of implementation of the revised wages, within 3 weeks from today. Status Report shall be filed by the Respondents before the next date of hearing, along with a copy of the decision so taken.

List the matter on 24.07.2020.

JYOTI SINGH, J JUNE 15, 2020/yo