Prahlad Sharma vs State Of Rajasthan ...
2023 Latest Caselaw 4419 Raj

[2023/RJJD/014382]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9360/2021

Prahlad Sharma S/o Shri Askaran Sharma, Aged About 37 Years, R/o Jiliya Tehsil Kuchaman City Distric Nagour, Rajasthan. At Present Working Jiliya, Gram Panchayat Jiliya, Panchayat Samiti Kuchaman City District Nagour Rajasthan.

----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 Nagour, Rajasthan.

4. District Collector, District Nagour, Rajasthan.

5. Superintending Engineer, Department Of Public Health And Engineering Department (Phed) Nagour, District Nagour, Rajasthan.

                                                                 ----Respondents


For Petitioner(s)         :     Mr. Sachin Saraswat
                                Mr. Shakti Singh
For Respondent(s)         :     Mr. KK Bissa



                      JUSTICE DINESH MEHTA

                                     Order

10/05/2023

1. Learned counsel for the petitioner submitted that the issue

involved in the present writ petition is squarely covered by a

judgment dated 13.07.2017, passed by this Court in the case of

Jagdish Singh & Ors. Vs. State of Rajasthan & Ors. in SB

Civil Writ Petition No.5954/2017.

2. Mr. Bissa, learned counsel appearing for the respondents is

not in a position to dispute the aforesaid position of fact and law.

3. In the case of Jagdish Singh (supra), this Court has held

thus:-

[2023/RJJD/014382] (2 of 2) [CW-9360/2021]

"10. Accordingly, the writ petitions are allowed. The petitioners who are employed under Gramin Janta Dal 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 Dal 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."

4. The present writ petition also stands disposed of in above

terms.

5. The respondents are directed to do the needful within a

period of three months from today.

6. The stay petition also stands disposed of.

(DINESH MEHTA),J 61-pooja/-

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