- (1.) N.K. Janu and two others are before this Court assailing the validity of the order dated 30.03.2016 passed by learned Single Judge in Contempt Application (Civil) No. 1632 of 2009 (Lakshmi Chandra Vs. Sri N.K.Janu and another) wherein learned Single Judge has proceeded to pass order mentioning therein that it is no longer open to the Department to take a plea that all the daily wage employees whether they have been considered for regularization or not are not entitled to the minimum of the pay scale. Learned Single Judge has further proceeded to mention considering that the direction of the Apex Court dated 2.2.2016, prima facie, the plea taken by Sri NIraj Upadhyay on the strength of a Division Bench order of this Court dated 24.9.2015 passed in Special Appeal No. 1530 of 2007 will not help the Department to avoid its liability of paying the minimum of the pay scale to the daily wage employees covered by the decision of the Apex Court noticed herein above.
(2.) Sri Shashi Nandan, Senior Advocate appearing alongwith Sri Neeraj Upadhyay, Advocate submitted with vehemence before us that once law on the subject has been clarified by this Court in Special Appeal No. 1530 of 2007 that daily wage employees are not entitled for minimum of the pay scale and the said judgment of Division Bench of this Court on merit has been holding the field then based on the orders passed on the earlier occasion, such observations could not have been made and liability could not have been fastened on the State, as it is being done under the threat of contempt proceedings.
(3.) Claim in question has been resisted by Sri Pankaj Srivastava, Advocate as well as Sri S.K. Vidyarthi, Advocate by submitting that deliberate and willful attempt has been made to over come and over reach the order passed on earlier occasion dated 01.07.2010 which has been affirmed in Special Appeal No. 1205 of 2010 and directives issued by Apex Court on 02.02.2016 are also clear and categorical and in view of this present Special Appeal be dismissed, as it has been framed and drawn.;