HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1259/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District Barmer
----Petitioners Versus
1. Dungra Ram S/o Kharta Ram, R/o Alamsariya, Tehsil Gudamalani District Barmer
2. Gram Panchayat, Udasar, Tehsil Gudamalani, District Barmer
----Respondents CONNECTED WITH S.B. Civil Writ Petition No. 936/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District-Barmer
----Petitioners Versus
1. Choga Ram S/o Rawta Ram, R/o Village-Silgan, Tehsil-
Gudamalani District-Barmer
2. Gram Panchayat, Bheemthal Tehsil-Gudamalani, District-
Barmer
----Respondents S.B. Civil Writ Petition No. 12812/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners (Downloaded on 03/12/2021 at 09:14:34 PM) (2 of 19 Versus
1. Kadar Khan S/o Ghume Khan, Village- Navoda Bera, Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Navoda Bera, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12813/2016
1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Panchpadra Balotra, District Barmer
----Petitioners Versus
1. Bhawani Singh S/o Jai Singh, Village Durgapura, Tehsil Pachpadra, District Barmer
2. Gram Panchayat, Bagawas Panchayat Samiti Balotra, District Barmer
----Respondents S.B. Civil Writ Petition No. 12815/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Amre Khan S/o Jagmal Khan, Village- Navoda Bera, Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Navoda Bera, Panchayat Samiti Balotra, District- Barmer (Downloaded on 03/12/2021 at 09:14:34 PM) (3 of 19
----Respondents S.B. Civil Writ Petition No. 12816/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Abdul Gani S/o Khamme Khan, Village- Navoda Bet
2. Gram Panchayat, Dhundli, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12821/2016
1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Panchpadra Balotra, District Barmer
----Petitioners Versus
1. Shaitan Singh S/o Rana Ram, Village Kanana, Tehsil Pachpadra, District Barmer
2. Gram Panchayat, Parlu Panchayat Samiti Balotra, District Barmer
----Respondents S.B. Civil Writ Petition No. 12823/2016
1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering (Downloaded on 03/12/2021 at 09:14:34 PM) (4 of 19 Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District Barmer
----Petitioners Versus
1. Kana Ram S/o Panna Ram, Dudwa, Tehsil Pachpadara, District Barmer
2. Gram Panchayat, Dudwa, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12830/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Bhopa Ram S/o Lala Ram, Village- Kotukhan, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Patori, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12833/2016
1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Panchpadra Balotra, District Barmer
----Petitioners Versus
1. Bhera Ram S/o Virdha Ram, Village Sughroniya Ki Dhani, Tehsil Pachpadra, District Barmer (Downloaded on 03/12/2021 at 09:14:34 PM) (5 of 19
2. Gram Panchayat, Chilanadi Panchayat Samiti Balotra, District Barmer
----Respondents S.B. Civil Writ Petition No. 12869/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Kesa Ram S/o Jalla Ram, Village- Bhakarsar, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Patodi, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12871/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Panchpadra Balotra, District Barmer
----Petitioners Versus
1. Shankar Singh S/o Bhairav Singh, Village Paraliya Tehsil Pachpadra, District Barmer
2. Gram Panchayat, Moolki Dhani Panchayat Samiti Balotra, District Barmer
----Respondents S.B. Civil Writ Petition No. 12875/2016
1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur.
(Downloaded on 03/12/2021 at 09:14:34 PM)(6 of 19
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District Barmer
----Petitioners Versus
1. Hara Ram S/o Basta Ram, Village Chanjrai, Tehsil Pachpadra, District Barmer
2. Gram Panchayat, Moolki Dhani Panchayat Samiti Balotra, District Barmer
----Respondents S.B. Civil Writ Petition No. 12877/2016
1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District Barmer
----Petitioners Versus
1. Rawatpuri S/o Gumanpuri, Village Thob, Tehsil Panchpadra, District Barmer
2. Gram Panchayat, Thob Panchayat Samiti Balotra, District Barmer
----Respondents S.B. Civil Writ Petition No. 12879/2016
1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Panchpadra Balotra, District Barmer
----Petitioners Versus
1. Fusa Ram S/o Jala Ram, Village Khattu, Tehsil (Downloaded on 03/12/2021 at 09:14:34 PM) (7 of 19 Pachpadra, District Barmer
2. Gram Panchayat, Khattu Panchayat Samiti Balotra District Barmer
----Respondents S.B. Civil Writ Petition No. 12891/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Ali Mohammad S/o Hamle Khan, Village- Kanana, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Navoda Bera, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12893/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Sang Singh S/o Bagat Singh, Village- Badjawa Jagir, Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Baunava, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12895/2016
1. State Of Rajasthan Throguh The Secretary, Public Health (Downloaded on 03/12/2021 at 09:14:34 PM) (8 of 19 And Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District Barmer
----Petitioners Versus
1. Dheena Ram S/o Bhakar Ram, Village Parlu, Tehsil Panchpadra, District Barmer
2. Gram Panchayat, Dholi Kalla Panchayat Samiti Balotra, District Barmer
----Respondents S.B. Civil Writ Petition No. 12898/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Rahim Khan S/o Bachhu Khan, Village- Khanoda, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Rewada Jetmal, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12905/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus (Downloaded on 03/12/2021 at 09:14:34 PM) (9 of 19
1. Magpuri S/o Phoolpuri, Village- Doli Kalan, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Doli Kalan, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12908/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Nathu Singh S/o Sawai Singh, Khanoda, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Khanoda, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12915/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Pukhraj S/o Lala Ram, Village- Parlu, Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Parlu, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12933/2016 (Downloaded on 03/12/2021 at 09:14:34 PM) (10 of 19
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Ganpat Das S/o Girdhari, Village- Newri, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Newri, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12934/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Pata Ram S/o Mohan Ram, Village- Hapanada, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Dhundli, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12935/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners (Downloaded on 03/12/2021 at 09:14:34 PM) (11 of 19 Versus
1. Duda Ram S/o Joga Ram, Akadli, Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Akadli, Panchayat Samiti Balotra, District- Barmer
----Respondents S.B. Civil Writ Petition No. 12936/2016
1. State Of Rajasthan Through Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District Barmer
----Petitioners Versus
1. Gafoor Khan S/o Hamle Khan, Village Navoda Bera, Tehsil Panchpadra, District Barmer
2. Gram Panchayat, Navoda Bera Panchayat Samiti Balotra, District Barmer
----Respondents S.B. Civil Writ Petition No. 657/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District Barmer
----Petitioners Versus
1. Manohar S/o Roopa Ram, R/o Sanawda, Tehsil Gudamalani District Barmer
2. Gram Panchayat, Bhimthal Tehsil Gudamalani, District Barmer
----Respondents S.B. Civil Writ Petition No. 937/2017
1. State Of Rajasthan Through The Secretary, Public Health (Downloaded on 03/12/2021 at 09:14:34 PM) (12 of 19 And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District-Barmer
----Petitioners Versus
1. Balwant Ram S/o Maga Ram, R/o Village-Dhorimanna, District-Barmer
2. Gram Panchayat, Dhorimanna, District-Barmer
----Respondents S.B. Civil Writ Petition No. 1280/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District Barmer
----Petitioners Versus
1. Mohan Ram S/o Dhanna Ram, R/o Village Kabuli, Tehsil Gudamalani, District Barmer
2. Gram Panchayat, Chainpura Tehsil Gudamalani, District Barmer
----Respondents S.B. Civil Writ Petition No. 12909/2016
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering Department, Pachpadra Balotra, District- Barmer
----Petitioners Versus
1. Ghewar Ram S/o Chhoga Ram, Village- Rewara Maghiya, Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Rewada Jetmal, Panchayat Samiti Balotra, District- Barmer (Downloaded on 03/12/2021 at 09:14:34 PM) (13 of 19
----Respondents S.B. Civil Writ Petition No. 655/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District-Barmer
----Petitioners Versus
1. Misra Ram S/o Pokar Ram R/o Village Arniyali, Tehsil Gudamalani District-Barmer.
2. Gram Panchayat, Chainpura Tehsil-Gudamalani, District-Barmer
----Respondents S.B. Civil Writ Petition No. 656/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District-Barmer
----Petitioners Versus
1. Panch Ram S/o Bhakhra Ram R/o Kabuli, Tehsil-
Gudamalani District-Barmer.
2. Gram Panchayat, Khari, Tehsil-Gudamalani, District-
Barmer
----Respondents S.B. Civil Writ Petition No. 659/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District-Barmer
----Petitioners Versus
1. Buddha Ram S/o Moola Ram, R/o Mayli Ki Beri, Tehsil-
(Downloaded on 03/12/2021 at 09:14:34 PM)(14 of 19 Gudamalani District-Barmer.
2. Gram Panchayat, Khari, Tehsil-Gudamalani, District-
Barmer
----Respondents S.B. Civil Writ Petition No. 1262/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur.
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District Barmer.
----Petitioners Versus
1. Deepa Ram S/o Kumbha Ram, R/o Village Roli, Tehsil Gudamalani District Barmer.
2. Gram Panchayat, Banta Tehsil Gudamalani, District Barmer.
----Respondents S.B. Civil Writ Petition No. 1278/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District Barmer
----Petitioners Versus
1. Ridmal S/o Chanda Ram, R/o Village Silgan, Tehsil Gudamalani District Barmer
2. Gram Panchayat, Bheemthal Tehsil Gudamalani, District Barmer
----Respondents S.B. Civil Writ Petition No. 1279/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District-Barmer (Downloaded on 03/12/2021 at 09:14:34 PM) (15 of 19
----Petitioners Versus
1. Shree Ram S/o Shree Ram, R/o Village- Dhorimanna, District- Barmer
2. Gram Panchayat, Dhorimanna District- Barmer
----Respondents S.B. Civil Writ Petition No. 1281/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District- Barmer
----Petitioners Versus
1. Banka Ram S/o Tulchha Ram, R/o Village- Loharwa, Tehsil- Gudamalani District- Barmer
2. Gram Panchayat, Bheemthal Tehsil-Gudamalani, District-
Barmer
----Respondents S.B. Civil Writ Petition No. 1282/2017
1. State Of Rajasthan Through The Secretary, Public Health And Engineering Department, Jaipur.
2. The Assistant Engineer, Public Health And Engineering Department, Dhorimanna, District- Barmer
----Petitioners Versus
1. Rawta Ram S/o Jora Ram, R/o Shivki Ka Mandir, Tehsil-
Gudamalani District- Barmer
2. Gram Panchayat, Bor Charnan, Tehsil- Gudamalani, District- Barmer
----Respondents For Petitioner(s) : Ms. Anjana Jawa For Respondent(s) : Mr. Pawan Singh (Downloaded on 03/12/2021 at 09:14:34 PM) (16 of 19 HON'BLE MR. JUSTICE VIJAY BISHNOI Order 03/12/2021 These writ petitions are filed by the petitioners challenging the validity of the order dated 25.02.2014 passed by the Authority, Minimum Wages Act, Balotra, whereby a direction has been issued to the petitioners as well as the Gram Panchayats to provide minimum pay scale to the respondents- Pump Drivers/Operators working in various Gram Panchayats. The petitioners have also challenged the judgment dated 09.09.2016 passed by the Additional District Judge, Balotra District Barmer in Civil Appeal Decree No.10/2015 (11/15), whereby it has dismissed the appeal preferred on behalf of the petitioners and affirmed the order dated 25.02.2014 passed by the Authority, Minimum Wages Act, Balotra.
Brief facts of the case are that the respondents were appointed as Pump Drivers/Operators in various Gram Panchayats of District Barmer on a fixed amount of Rs.500/- per month under the Scheme of Janta Jal Yojana. The respondents have approached the Authority, Minimum Wages Act, Balotra with a prayer to direct the State as well as the concerned Gram Panchayats to pay them minimum wages at the rate of Rs.73/- per day as per the Minimum Wages Act. The claim of the respondents was accepted by the Authority, Minimum Wages Act, Balotra and vide order dated 25.02.2014, the Authority, Minimum Wages, Balotra directed the petitioners to pay minimum wages to the respondents and also directed to deposit the arrears before the Court. Appeal filed against the order dated 25.02.2014 has also been dismissed by appellate court.
(Downloaded on 03/12/2021 at 09:14:34 PM)(17 of 19 Learned counsel has submitted that the issue raised in these writ petitions is squarely covered by the decision rendered by the Hon'ble Supreme Court in the cases of Superintending Engineer, PHED, Sikar & Ors. Vs. Prahlad Ray & Ors. - Civil Appeal No(s).11355 of 2013; decision rendered by this Court in Jagdish Singh & Ors. Vs. State of Rajasthan & Ors. - SB Civil Writ Petition No.5954/2017 and other connected writ petitions as well as the judgment passed by the Division Bench of this Court in D.B. Special Appeal (Writ) No.247/2013 - State of Rajasthan & Ors. Vs. Nemi Chand & Ors. and other connected matters.
Learned counsel for the petitioners has argued that the respondents were working as Pump Drivers/Operators in the various Gram Panchayats and they have been appointed by the Gram Panchayats concerned only, therefore, the action of the Authority, Minimum Wages Act, Balotra of fastening the liability upon the State along with Gram Panchayats to pay minimum wages to the respondents-Pump Drivers/Operators is illegal.
Having heard learned counsel for the parties and after going through the decision of the Hon'ble Supreme Court in Superintending Engineer's case (supra); judgments passed by this Court in Jagdish Singh's case (supra) and State of Rajasthan Vs. Nemi Chand (supra), I do not find any merits in the submissions of the learned counsel for the petitioners.
The Hon'ble Supreme Court in the case of Superintending Engineer (supra) held as under:-
"The challenge in this group of appeals is against a common order passed by the High Court of Rajasthan (Downloaded on 03/12/2021 at 09:14:34 PM) (18 of 19 dismissing the Letters Patent Appeals filed by the Public Health and Engineering Department of the State Government. The Letters Patent Appeals filed by the State sought to challenge an order of the learned Single Judge of the High Court upholding the order of the authority under the Minimum Wages Act by which the Public Health and Engineering Department of the State and the concerned Gram Panchayat has been made jointly and severally liable to pay the amount due to the concerned employees (Pump Operators) as per the provisions of Minimum Wages Act, 1948.
The Scheme-Gramin Janta Jal Yojna under which the respondents were appointed was floated by the State Government and the implementation thereof was entrusted to the concerned Gram Panchayat. Under the Scheme, according to the appellant, contribution of funds to be provided by the State for the employees is only Rs.500/- per month and the rest of the expenditure is to be borne by the Gram Panchayat(s). It is on the aforesaid basis that the order granting minimum wage holding the Department jointly and severally liable to pay the minimum wages has been challenged.
The Scheme in question was introduced and implemented for ensuring safe drinking water for the residents of the concerned villages. The Scheme itself was floated by the Government and the funds for implementation of the Scheme are to be paid by the State Government. If that be so, it is difficult to understand as to why the State alongwith Gram Panchayat cannot be held jointly and severally liable to pay the amount.
It at all such a situation, namely, the question of apportionment of funds arise, the same can also be dealt with by suitable adjustments made in the amounts allocated/to be allocated by the State to the Panchayats. However, that would not be a sufficient basis to find fault with the order of the primary authority or in the order of (Downloaded on 03/12/2021 at 09:14:34 PM) (19 of 19 learned Single Judge which has been upheld by the Division Bench of the High Court. We, therefore, find no merit in any of these appeals. The appeals filed by the State are consequently dismissed."
In view of the above referred judgments, I do not find any merits in these writ petitions and the same are hereby dismissed.
(VIJAY BISHNOI),J 23-Akash/-
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