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CASE NO.: Appeal (civil)  65 of 2007

PETITIONER: STATE OF JAMMU & KASHMIR & ORS.                  .....APPELLANT(S)

RESPONDENT: ABDUL MAJID                                       ...RESPONDENT(S)

DATE OF JUDGMENT: 05/01/2007

BENCH: Dr.AR.LAKSHMANAN & ALTAMAS KABIR

JUDGMENT: J U D G M E N T

(Arising out of SLP(C) No.10640/2006)

Dr.AR.LAKSHMANAN, J.             Leave granted.         Heard Mr.Altaf H.Nayak, learned Advocate-General for the State  of Jammu & Kashmir and Mr.Vijay Kumar, learned counsel for the  respondent.          The appeal is directed against an interim order dt.03.04.2006  passed by the High Court in LPA (SW) No.81/2006 and CMP No.53/2006  arising out of SWP No.1513/2004.         The learned Single Judge of the High Court while disposing of  the Writ Petition filed by the respondent herein issued the following  directions :-             "   1)  pay to the petitioner minimum wages as  payable         under the Minimum Wages Act w.e.f. January,  1992    at      such rates as were prevalent from time to  time. 2       petitioner be considered for regularization as class IV. 3        Petitioner be brought on regular establishment as  helper/class-IV which ever be the lowest post available on  the regular establishment of the department within a  period of two months. 4        Non-observance of this direction within the stipulated  period will amount to commission of contempt of court.

       Registrar Judicial shall place this file before this court on the  expiry of two months.  Copy of this Order shall be furnished to  Mrs.Neeru Goswami appearing for respondents for compliance."            Aggrieved against the said order, the State has preferred the  Letters Patent Appeal which was taken on file as LPA No.81/2006.  The  State challenged the correctness of the directions issued by the learned  Single Judge in the Letters Patent Appeal. Admittedly, the  Letters Patent  Appeal filed by the State is pending final disposal.  In the meanwhile, the  High Court directed the State to deposit the wages of the respondent in  accordance with the terms of Minimum Wages Act from January, 1992 to  ending March, 2006 and pay this amount to the respondent within two  weeks from 03.04.2006.  The court has also observed that subject to the  above, direction Nos.3 and 4 of the learned Single Judge shall remain  stayed till the next date of hearing.  Aggrieved by the said order, the state  has preferred the above appeal in this Court. This Court on 17.07.2006  issued notice on the Special Leave Petition as also on the prayer for  interim relief.         As noticed earlier, the Letters Patent Appeal is still pending in the  High Court.  The State has questioned the correctness of the directions  issued by the learned Single Judge in the  Letters Patent Appeal.  In the  meanwhile, the learned Judges of the Division Bench of the High Court

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directed the State to deposit the wages of the respondent in accordance  with the terms of Minimum Wages Act from January, 1992 to ending  March, 2006 and pay the said amount to the respondent within two weeks  from 03.04.2006.  The said direction to pay the amount to the respondent  within two weeks pending disposal of the Letters Patent Appeal, in our  opinion, is not warranted at this stage.  However, we are not inclined to  set aside the direction issued by the Division Bench directing the State to  deposit the wages of the respondent in accordance with the terms of  Minimum Wages Act from January, 1992 to ending March, 2006.   Therefore, we give further time to the State by four weeks to comply with  the direction in regard to the deposit of the minimum wages.  The said  amount shall be deposited with the Registrar General of the High Court  subject to the final outcome of the Letters Patent Appeal.  On such  deposit, the Registrar General is directed to invest the same in a short  term fixed deposit in a nationalised bank.         We request the High Court to dispose of the Letters Patent Appeal  within three months from the date of receipt of this Order from this Court  or on production of the same by either party.            The appeal stands disposed of in the above terms.         No costs.