Single Judge disposed of multiple writ petitions seeking minimum wages for pump drivers engaged under the Gramin Janta Jal Yojna Scheme, relying on a recent Apex Court judgment clarifying State liability for such wage payments.
Directing that petitioners are entitled to minimum wages as prescribed by the State Government.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
(1) S.B. CIVIL WRIT PETITION NO.15098/2012
Pradesh Janta Jal Yojna Shramik Union, Rajasthan, through its President Prahalad Rai S/o Shri Bhagwan Sahai Agarwal, aged 45 years, Resident of Village Bhujpur, District Sikar (Rajasthan)
…..PETITIONER
VERSUS
…..RESPONDENTS
(2) S.B. CIVIL WRIT PETITION NO. 5613/2013
2
years, R/o: Village – Pilawa, Gram Panchayat – Chandwaji. Tehsil – Amber, District – Jaipur at present working as Pump Driver in Gram Panchayat – Chandwaji, Tehsil – Amber, District – Jaipur, Rajasthan.
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Shyampura, Tehsil – Amber, District – Jaipur at present working as Tube-well operator at Kushalpura Tubewell in Gram Panchayat – Shyampura, Tehsil – Amber, District – Jaipur, Rajasthan.
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Panchayat – Rajpurwas Tala, Tehsil – Jamwas Ramgarh, District – Jaipur at present working as Pump Driver/Tube-well operator in village – Kali Pahadi Charanwas, Gram Panchayat – Rajpurwas Tala, Tehsil – Jamwas Ramgarh, District – Jaipur, Rajasthan.
…...Petitioners Versus
…..Respondents
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(3) S.B. CIVIL WRIT PETITION NO. 7663/2013
…....Petitioners
Versus
…....Respondents
(4) S.B. CIVIL WRIT PETITION NO.8079/2013.
Ashok Kumar, son of Shri Hajari Lal Sharma, aged about 40
6
years, resident of village Let ka Bas, Gram Panchayat Kant, Panchayat Samiti Shahpura, District Jaipur (Raj.)
…..PETITIONER
VERSUS
…...NON-PETITIONERS.
(5) S.B. CIVIL WRIT PETITION NO. 19253/2013
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…......Petitioners
…...Respondents
DATE OF ORDER : 02/11/2016
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr. R.N. Mathur, Sr. Adv. with ] Mr. Vinayak Joshi ] Mr. Mahendra Singh Yadav ] for petitioners
Mr. Saurabh Saraswat, Dy. Govt. Counsel Mr. Krishnaveer Singh for Mr. Anurag Sharma, AAG
The writ petitions are listed on application to modify the interim order dated 20th March, 2013.
Learned counsel for petitioners submit that interim order dated 20th March, 2013 was challenged before the Division Bench, however, appeal therein was dismissed. The State
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Government then approached the Apex Court but SLP was also dismissed. The interim order dated 20th March, 2013 was in reference to the order passed by the Apex Court on a similar issue for payment of minimum wages. The SLP has been decided by the Apex Court on 21st September, 2016 with the clarification that when payment has to be made by the Government then why both the departments cannot be held jointly and severally liable to pay the amount. In those circumstances, prayer has been made to dispose of these writ
petitions in the light of judgment of the Apex Court, dated 21st September, 2016.
Learned counsel for respondents submits that there exists agreement even with NGO and for them, issue has not been addressed by the Apex Court.
Learned counsel for petitioners submit that even an agreement between PHED and Panchayat Samiti/NGO was before the Apex Court thus without further clarification, the judgment of the Apex Court be applied to the present case.
I have considered the rival submissions made by learned counsel for the parties.
The writ petitions are listed on the application, however, as prayed by learned counsel for the parties, they are decided finally.
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By these writ petitions, a direction is sought for payment of minimum wages at the rate prescribed by the State Government vide their Notification dated 27th December, 2010. A further prayer is made for regularisation of their services but is not pressed by learned counsel for petitioners at this stage.
In view of the above, only issue requires consideration is about payment of minimum wages to the petitioners. The dispute came on a scheme of Gramin Janta Jal Yojna which was floated by the State. Many persons were engaged therein. The question about payment of minimum wages came up before this court and now the Apex Court has decided the Special Leave to Appeals. It was found that -Gramin Janta Jal Yojna Scheme was floated by the State Government and implementation thereof was entrusted to the Gram Panchayat. A sum of Rs.500/- per month was provided for each employee and rest of the expenditure was to be borne by the Gram Panchayat. The High Court held the Government liable for minimum wages and judgment therein had been challenged before the Apex Court. It was found that scheme was floated by the State Government thus the funds are to be provided by them only. In view of above, it is difficult to understand as to why two departments of the State cannot be held jointly and severally liable to pay the wages. The issue of apportionment of funds can suitably be considered by the State Government. The
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judgment of the learned Single Judge was upheld by the Division Bench and has not been interfered by the Apex Court for a direction for payment at the rate of minimum wages.
In view of aforesaid, these writ petitions are disposed of and ordered to be governed by the judgment of this court, as upheld by the Apex Court vide judgment dated 21st September, 2016 and, accordingly, petitioners would be entitled to the minimum wages.
It is, however, made clear that this judgment would apply only in those cases where scheme in question has been floated and implemented and not in any other case. If the SchemeGramin Janta Jal Yojna was not floated in a particular Gram Panchayat, then 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, then would be at liberty to approach the Minimum Wages Authority for adjudication of the factual disputes.
FRBOHRA
3 issues framed by the court
Whether petitioners engaged under the Gramin Janta Jal Yojna Scheme are entitled to minimum wages as prescribed by the State Government.
Whether the State Government and relevant departments can be held jointly and severally liable for payment of wages under the Scheme.
Whether the Apex Court judgment of 21st September 2016 applies to cases where the scheme was not floated by the State Government.
Colour shows how this judgement treated each authority
Apex Court judgment dated 21st September, 2016Relied on¶78
1 provisions across 1 enactments
Pradesh Janta Jal Yojna Shramik Union, Rajasthan
Ram Dev Raigar
Birdhi Chand Meena
State of Rajasthan
Chief Secretary, Government of Rajasthan
Principal Secretary, Gramin Vikas and Panchayati Raj Department
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
