Partly allowed

Vivekanand Sahu v. State Of Chhattisgarh

Chhattisgarh HC12 Aug 2016WPS/3694/2016

Case brief

AI extract

What is this about?

Petitioners appointed as Part Time Sweepers in 2011 sought a direction for grant of minimum wages as per rates fixed in November 2015 instead of prevailing collector rates. The court disposed of the petition directing appropriate orders.

What did the court decide?

Direction to respondent No.4 to pass appropriate orders for grant of appropriate wages according to current rates.

Vivekanand Sahu Vs State Of Chhattisgarh — Service and Employment | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 3694 of 2016

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Vivekanand Sahu S/o Mansukh Das Aged About 24 Years R/o Village Dhouragaon, Post Arjuni, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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Kirtan Ram Sahu S/o Rohit Ram Sahu, Aged About 43 Years R/o Village Salik Chhiriya, Post Arjuni, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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Manoj Kumar S/o Shri Umraw Sonkar, Aged About 37 Years R/o Village Aamdih, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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Dindayal S/o Homnath, Aged About 30 Years R/o Village Kasela, Block Dongargaon, P/s Dongargaon, Post Arjuni, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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Shri Bhuneshwar S/o Shri Dhanusram, Aged About 36 Years R/o Village Barasantola, P/s Dongargaon, Post Sadgaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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Gautam Sahu S/o Devdas Sahu, Aged About 23 Years R/o Village Pairi, Post Arjuni, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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Shri Dinesh Sahu S/o Shri Nemu Ram Sahu, Aged About 32 Years R/o Village Dhaorabhata, Post Arjuni, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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Ravi Kumar S/o Shriman Khemraj, Aged About 41 Years R/o Village Dhorda, Post Arjuni, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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Smt. Santoshi Tonde W/o Dharmendra Tonde, Aged About 36 Years Dhaorabhata, Post Arjuni, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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10.Sonbathi W/o Krishna Nishad, Aged About 34 Years R/o Village Singarpur, Post Arjuni, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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11.Human Lal S/o Hemram, Aged About 23 Years R/o Village Singarpur, Post Arjuni, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon,

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District Rajnandgaon (Chhattisgarh)

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12.Shriman Chooramani Sahu S/o Shriman Dukalu Ram Sahu, Aged About 26 Years R/o Village Dhorda, Post Arjuni, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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13.Shri Bhrat Lal S/o Shri Firngi Ram, Aged About 39 Years R/o Village Barasantola, Block Dongargaon, P/s Dongargaon, Tahsil Dongargaon, District Rajnandgaon (Chhattisgarh)

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14.Bhagirathi Jaykvad S/o Dinesh Jaykvad, Aged About 19 Years Katalwahi, Post Devkatta, Block Dongargaon, P/s Dongargaon, District Rajnandgaon (Chhattisgarh)

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15.Dhanesh Kumar Yadav S/o Shishupal Yadav, Aged About 33 Years R/o Village Riwagahan, Post Devkatta, Block Dongargaon, P/s Dongargaon, District Rajnandgaon (Chhattisgarh)

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16.Roshan Varma S/o Prakash Varma, Aged About 23 Years R/o Village Saloni, Post Dhara, Block Dongargaon, P/s Dongargaon, District Rajnandgaon (Chhattisgarh)

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---- Petitioners

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Versus

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State Of Chhattisgarh Through Secretary, Department Of School Education Development, Mantralay, Mahanadi Bhawan, Police Station Mandir Hasaud, New Raipur, Chhattisgarh.

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Director, Lok Sikshan Sanchanalaya, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh.

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Collector, Rajnandgaon, District Rajnandgaon (Chhattisgarh)

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District Education Officer, Rajnandgaon, District Rajnandgaon (Chhattisgarh)

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Labour Officer Rajnandgaon, Labour Office, District Rajnandgaon (Chhattisgarh)

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---- Respondents

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For Petitioners	: Shri Amit Kumar Sharma, Advocate
For Respondent-State	: Shri D.R. Minj, Dy. Govt. Advocate

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S.B.:Hon'ble Shri Justice Manindra Mohan Shrivastava

Order On Board

12/08/2016

Heard.

The petitioners, who were appointed as Part Time Sweeper in the year 2011 at the then existing collector rate, have filed this petition for a direction that they are entitled for grant of minimum wages as per minimum wage fixed vide letter dated 18.11.2015 (Annexure P-5).

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Learned counsel for the petitioners submits that a representation has also been moved by the petitioners for grant of minimum wages, however, the same are not being extended to the petitioners.

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The order of appointment of the petitioners show that they were appointed as Part Time Sweeper in the year 2011 on wages applicable in case of Part Time Sweeper, on collector rates. Therefore, if the collector wages have been revised, the case of the petitioners is also required to be considered for grant of appropriate and existing minimum wages prescribed by the Collector. Accordingly, the petitioners' case should also be considered and appropriate orders in their case should be passed by the respondent No.4 for grant of appropriate wages, according to current rate of wages applicable to the category of employment, in which the petitioners are employed.

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With the aforesaid observations, the petition is finally disposed off.

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Sd/(Manindra Mohan Shrivastava) Judge

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Rekha

Vivekanand Sahu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vivekanand Sahu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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