State And Ors vs Ganpat Das And Anr
2021 Latest Caselaw 18377 Raj

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

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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

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----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

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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

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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.

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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

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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

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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

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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

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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

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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

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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

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----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-

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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

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----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

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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.

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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

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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

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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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