 "labourer, workers")
The Andaman and Nicobar administration is expediting the process of granting financial benefits to 4,000 left-out daily rated mazdoors (DRMs) by November 30 as per directions of the Supreme Court, a senior official said.
After being snubbed by Calcutta High Court for non-compliance of its order in releasing benefits to the DRMs, Lt. Governor of Andaman and Nicobar Islands, Admiral D K Joshi (Retd.), in an order on August 11, granted financial benefits of 1/30th pay plus Dearness Allowances (DA) to nearly 4,000 DRMs from 2017.
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The senior administrative official told PTI, "We are taking care of the DRM issue as we have to complete the task by November 30 this year. We are working on expediting the process of granting financial benefits to nearly 4,000 left-out DRMs."
Andaman Sarvajanik Nirman Vibhag Mazdoor Sangh, an association of DRMs, moved the Calcutta High Court, accusing the island administration of not granting them financial benefits despite a 2017 high court order.
On August 3, a two-judge bench comprising justices Rajasekhar Mantha and Bibhas Ranjan De of the high court issued an order asking the Lt. Governor to appear, in virtual mode, and Chief Secretary Keshav Chandra to appear personally before it to explain why action should not be taken against them for contempt of court.
The court also imposed a fine of Rs 5 lakh on the LG (which he had to bear from his own fund) for not complying with an earlier order on releasing benefits to workers.
Appealing against the high court verdict on contempt of court, the Lt. Governor and the chief secretary moved the Supreme Court and a bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra on August 4 took note of the submissions of Attorney General R Venkataramani, who had appeared on behalf of the chief secretary and the Lt. Governor, and stayed the high court order.
On August 14, the apex court finally closed the contempt proceedings initiated by the Calcutta High Court against the Lt. Governor and the chief secretary.
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The top court also asked the Andaman and Nicobar Islands administration to comply with the directions of the Calcutta High Court on payment of arrears and framing of a regularisation scheme for workers by November 30.
While closing the contempt proceedings, the apex court observed, "The directions issued by the high court for the suspension of the chief secretary were grossly disproportionate. Moreover, such a direction is extraneous to the exercise of the contempt jurisdiction. The direction to the Lieutenant Governor to deposit Rs 5 lakh even though the contempt proceeding was still to be heard finally is plainly unsustainable."
"The administration, has, during the pendency of these proceedings taken steps to withdraw the offending clauses of its order dated May 9, 2023. Order states that the enhanced wages shall be implemented with effect from September 1, 2017. The arrears shall be payable from September 1, 2017 to May 8, 2023 to 4010 DRMs," it stated.
The Supreme Court order stated that the administration has requisitioned Rs 300 crore funds under the 'wages head' which is under consideration before the Union Ministry of Home Affairs.
"In this view of the matter, we are of the view that the exercise of contempt jurisdiction would not be warranted. The contempt proceedings before the High Court shall stand closed," it read.
The administration had on May 9 issued a notification stating that the left-out DRMs will get their financial benefits from that date and not from 2017 as ordered by the high court.
In the August 11 order of the Lt. Governor, the islands administration stated: "In suppression of Administration's Order No 1283 dated May 9, 2023, the Lt Governor is pleased to order for grant of 1/30th of minimum pay plus dearness allowances since September 22, 2017, to the remaining left out Daily Rated Mazdoors as a one-time measure who have been engaged for regular nature of work and working under various departments, organisations and autonomous bodies of the administration."
Advocate Gopala Binnu Kumar, who had appeared on behalf of the Andaman Sarvajanik Nirman Vibhag Mazdoor Sangh, had said, "There are nearly 4,000 DRMs who didn't get benefits in Andaman and Nicobar Islands and as per a Supreme Court order in 1986, the DRMs discharging their duties on a par with regular employees are entitled to the financial benefit of 1/30th pay plus dearness allowances."
"However, on September 22, 2017, the local administration here issued a memorandum stating that one-time wages will be given to DRMs and they have selectively chosen the beneficiaries. The matter was challenged by us in the court after the administration again issued a memorandum stating that left-out DRMs will get their wages from May 9, 2023, onwards and not from 2017 as instructed by the court," Kumar added.
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