Dismissed

Dhanraj Kumhar v. Shri Naresh Pal Gangwar and Ors.

Rajasthan HC20 Apr 2018CCP/391/2018

Case brief

AI extract

What is this about?

The High Court disposed of a Contempt Petition filed for non-compliance of a previous order awarding half minimum wages to a part-time employee. The Court held that the respondents had already deposited the calculated arrears with interest into the petitioner's bank account. Being satisfied with the proof of payment, the contempt petition was found to lack basis and was disposed of accordingly.

What did the court decide?

The contempt petition was disposed of as the respondents had complied with the earlier order by depositing arrears in the petitioner's account.

Dhanraj Kumhar Vs Shri Naresh Pal Gangwar and Ors. — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Contempt Petition No.391/2018

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Dhanraj Kumhar S/o Shri Mangi Lal Kumhar, Aged About 48 Years, R/o Bania, Panchayat Samiti Khanpur, District Jhalawar Rajasthan

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----Petitioner

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Versus

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Shri Naresh Pal Gangwar, Secretary Department of Education, Govt of, Rajasthan, Secretariat, Jaipur Raj

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Shri P.C. Kishan, Director Elementary, Education, Bikaner Rajashan

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Shri Gangadhar Meena, District Education Officer, (elementary) Education Department Jhalawar Rajasthan

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State of Rajasthan Through Secretary Department of Education, Government Secretariat, Jaipur Raj

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----Respondents

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_____________________________________________________ For Petitioner(s) : Mr.Rajvir Sharma

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For Respondent(s) : Mr.S.K. Gupta, AAG with Mr.Y.S. Jadoun

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order

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20/04/2018

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Vide order dated 26.4.2017 passed in SBCWP

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No.4677/2015 this Court had directed that as under :-

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However, it is, hereby, ordered that the petitioner being a Part Time Employee is entitled to half of the minimum wages prescribed for a day. It is further ordered that the petitioner shall be paid half of the minimum wages prescribed for a single day in the State of Rajasthan. A further direction is, hereby, issued that the respondents shall also pay arrears to the petitioner by granting him half of the minimum wages prescribed in the State of Rajasthan for a single day by restricting arrears to thirty-eight months before the date of filing of the writ petition. The arrears shall be paid to the petitioner within a period of three months, failing which the respondents shall pay interest to the

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petitioner @ 9% per annum from the date of receipt of certified copy of this order.

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Pursuant to the aforesaid order, the petitioner’s

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representation to the Director, Elementary Education, Bikaner as also the District Education Officer, Elementary Education, Jhalawar has been made, praying that :-

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Alleging non-compliance with the order dated 26.4.2017 and non-address of the petitioner’s representation made in pursuant thereto this contempt petition has been filed.

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Mr.Rajvir Sharma, counsel for the petitioner submitted that he be allowed two days time to take instructions and make submissions before this court.

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Mr.S.K. Gupta, AAG submitted that in compliance with the directions of this Court issued on 26.4.2017 in SBCWP No.4677/2015 and representation being made pursuant thereto, vide order dated 15.4.2018 issued under the hand of District Education Officer, Elementary Education, Jhalawar the arrears due including interest @9% per annum payable to the petitioner in terms of the order passed by this Court on 26.4.2017 have been calculated commencing 01^st July, 2012 till 31^st March, 2018 aggregating to Rs.1,73,362/-. It has been submitted that the petitioner is presently being paid monthly wages of Rs.2,769/-

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being 50% of the minimum wages for a month prescribed in the State of Rajasthan.

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Heard. Considered.

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The submission of Mr.S.K. Gupta, AAG with regard to the payment of arrears computed in terms of this Court’s order in SBCWP No.4677/2015 is based on an order dated 15.4.2018 under the hand of the DEO, Elementary Education, Jhalawar. The letter details the working on which the sum of Rs.1,73,362/- has been paid to the petitioner. Further the amounts of arrears are stated to have been deposited in the petitioner-Dhanraj Kumhar’s State Bank of India account— bearing No.61171964920 on 19.4.2018. Pay in slip in proof has been relied upon. A copy of the order dated 15.04.2018 passed by DEO, Elementary Education, Jhalawar as also the photocopy of the pay in slip evidencing deposited of Rs.1,73,362/- in the petitioner’s Bank Account on 19.4.2018, have been handed over as directed to the counsel for the petitioner Mr. Rajvir Sharma.

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In the aforesaid facts obtaining there is no reason for this Court to disbelieve Mr.S.K. Gupta’s contention that the amounts of arrears payable to the petitioner in terms of the order of this Court have been calculated and deposited in the petitioner’s Bank Account. This negates any basis of Mr.Rajvir Sharma, counsel for the petitioner request for time to take instructions.

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Resultantly as compliance or in any event substantial compliance of the order dated 26.4.2017 passed in SBCWP No.4677/2015 having been made vide order passed on 15.4.2018 under the hand of DEO, Elementary Education, Jhalawar as also

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pay in slip dated 19.4.2018, this contempt petition is disposed of

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accordingly.

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(ALOK SHARMA), J.

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Himanshu/142

Dhanraj Kumhar v. Shri Naresh Pal Gangwar and Ors.

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Dhanraj Kumhar v. Shri Naresh Pal Gangwar and Ors.

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