Bharat Ram Rao vs State Of Rajasthan
2022 Latest Caselaw 8595 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8073/2022

Bharat Ram Rao S/o Sh Jabra Ram, Aged About 44 Years, Resident Of Village/post Kiramsariya Khurd, Tehsil Tinwari, District Jodhpur (Raj.) Mobile No. 9950365517.

----Petitioner Versus

1. State Of Rajasthan, Through Its Principal Secretary, Department Of Public Health And Engineering Department (Phed), Government Of Rajasthan, Secretariat, Jaipur (Raj.).

2. Secretary, Panchayati Raj And Rural Development, Government Of Rajasthan, Secretariat, Jaipur.

3. Zila Parishad Jodhpur, Through Its Chief Executive Officer.

4. District Collector, District Jodhpur.

5. Block Development Officer, Panchayat Samiti Tinwari, District Jodhpur.

6. Assistant Engineer, Department Of Public Health And Engineering Department (Phed), Subdivision Osian, Jodhpur.

7. Gram Panchayat, Khudiyala, Panchayat Samiti Tinwari, District Jodhpur Through Its Sarpanch/gram Sewak.

8. Gram Panchayat, Bhaiser Chawandiyali, Panchayat Samiti Tinwari, District Jodhpur Through Its Sarpanch/ Gram Sewak.

9. Village Development Officer, Gram Panchayat, Bhaiser Chawandiyali, Panchayat Samiti Tinwari, District Jodhpur.

----Respondents

For Petitioner(s) : Mr. Y.P. Khileree.

For Respondent(s)        :


            HON'BLE MR. JUSTICE ARUN BHANSALI
                                    Order
04/07/2022

Learned counsel for the petitioners 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 petitioners seeks direction / relief as granted in the

case of Narna Ram (supra).

(2 of 3) [CW-8073/2022]

In view of the submissions made, the writ petition filed by

the petitioners 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 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."

(3 of 3) [CW-8073/2022]

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.

The order has been passed based on the submissions made

in the petition, the respondents would be free to examine the

veracity of the submissions made in the petition and only in case,

the averments made therein are found to be correct, the petitioner

would be entitled to the relief.

(ARUN BHANSALI),J 63-pradeep/-

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