Rajasthan High Court - Jodhpur
Mohan Singh vs State Of Rajasthan on 12 January, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 415/2022
Mohan Singh S/o Sampat Singh, Aged About 41 Years, R/o
Rajputon Ki Dhaniya, Barsaloo Khurd, Tehsil Osian, District
Jodhpur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Public Health And Engineering Department
(Phed), Government Of Rajasthan, Jaipur, Rajasthan.
2. Secretary, Panchayat Raj And Rural Development,
Government Of Rajasthan, Jaipur, Rajasthan.
3. Chief Executive Officer, Zila Parishad, District Jodhpur,
Rajasthan.
4. District Collector, District Jodhpur, Rajasthan.
5. Superintending Engineer, Department Of Public Health
And Engineering Department (Phed) Jodhpur, District
Jodhpur, Rajasthan.
6. The Block Development Officer, Panchayat Osian, District
Jodhpur.
7. The Village Development Officer, Gram Panchayat
Barsaloo Kallan, Panchayat Smaiti Osian, District Jodhpur.
----Respondents
For Petitioner(s) : Mr. Pawan Singh on VC
For Respondent(s) :
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/01/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, lawyers have been advised to
refrain from coming to the Courts.
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Learned counsel for the petitioner has drawn attention of this
Court towards the judgment passed by a Co-ordinate Bench of this
Court in Narna Ram & Ors. Vs. State of Rajasthan & Ors
(SBCWP No.11701/2020) decided on 09.11.2020 and learned
counsel for the petitioner seeks direction / relief as granted in the
case of Narna Ram (supra).
In view of the submissions made, the writ petition filed by
the petitioner is disposed of with the similar directions as given in
the case of Narna Ram (supra), which read as under:-
"By way of present writ petition, the petitioners who were
employed as Pump Driver/Operator under Janata Jal
Yojana, promulgated by Government of Rajasthan to
provide drinking water to the citizens, are seeking
directions to the respondents to make payment of
minimum wages as prescribed for skilled workman under
the provisions of Minimum Wages Act, 1948 (for short 'the
Act of 1948'). Further, it is prayed that the respondents be
directed to release 50% of the minimum wages withheld
w.e.f. 01.02.2013.
Learned counsel appearing for the petitioners submits that
the controversy involved in the writ petition is covered by a
decision of this Court rendered in Jagdish Singh & Ors. vs.
State of Rajasthan & Ors. : S.B. Civil Writ Petition
No.5954/17, decided on 13.07.2017, which was allowed
with the following directions:-
"10. Accordingly, the writ petitions are
allowed. The petitioners who are employed under
Gramin Janta Jal Yojana as Pump Driver/Pump
Operator shall be entitled for the wages as
prescribed for skilled workman by the State of
Rajasthan as per the provisions of Minimum Wages
Act, 1948. The amount of 50% of the minimum
wages payable to the petitioners withheld by the
respondents shall be released forthwith. It is made
clear that these directions would apply only to the
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(3 of 3) [CW-415/2022]
cases where the scheme in question has been
floated and implemented and not in any other
case. If the scheme Gramin Janta Jal Yojana is not
floated in a particular Gram Panchayat, the
respondents would not be liable for payment at the
rate of minimum wages rather, in that case, if any
of the petitioner has been employed in other
scheme or otherwise, he would be at liberty to
approach the authority under the Minimum Wages
Act for adjudication of the dispute. No order as to
costs."
Accordingly, the present writ petition is also allowed
with similar directions as given in the case of Jagdish
Singh (supra). The stay application also stands disposed
of accordingly. "
All pending applications also stand disposed of accordingly.
(DR.PUSHPENDRA SINGH BHATI),J.
58-Sudheer/-
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