GURDEV SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ese criminal writ petitions, being common in nature, scope and effect are being decided by a common judgment and the learned counsel for the parties also agree that they should be so decided.

(2.) The petitioners, in both these petitions, are undergoing imprisonment in the jails of the State. They submitted the petitions to this Court which were placed on Judicial side for examination and decision by Chief Justice P. D. Desai, as he then was. In Criminal writ Petition 6 of 1985 (Gurdev Singh and 6 others v. State of H.P. and 2 others) the petitioners complain that they are employed for work but are being paid Rs. 1.50 perday for the labour. They also say that no wages are paid for the first three months of labour. In Criminal Writ Petition No. 49 of 1985 (Bhag Singh Chauhan v. State of H. P.), in addition to the allegation of the improper management of wage amounts by the Superintendent of Jail and the Store Keeper, they also say that they are forced to work with contractors either at less wages or no wages at all. The allegation as to mis-utilization of wage amounts were inquired into by the District and Sessions Judge, Shimla on the directions by this Court. However, the report discloses that the allegation of Bhag Singh, convict regarding the mis-utilization of the wage amounts against the jail officials has no substance. We have, therefore, no material before us to arrive at a conclusion favourable to the petitioner and against the jail officials. However, there is something to be said on the engagement, rate of wages, their receipt and management by the jail authorities, which aspect, we will turn to, at an appropriate place in the succeeding part of this judgment.

(3.) In his reply, the Inspector General of Prisons stated that the payment of wages to prisoners for rendering services in the jail factory/garden/kitchen etc. is regulated by the provisions of the Wage Earning Scheme applicable in respect of Model Central Jail, Nahan and District Jail, Dharamshala. Prisoners are paid wages @ Rs. 3.00 (skilled), Rs. 2.25 (semi-skilled) and Rs. 1.50 (un-skilled) for full task. The wages are paid to the workers of various categories in the following manner:-