Allowed

Kalu Ram and Ors. v. State of Rajasthan and Ors.

Rajasthan HC26 Nov 2018CW/10226/2017

Case brief

AI extract

What is this about?

The High Court allowed the writ petition seeking minimum wages for pump drivers/operators under Janata Jal Yojana. Following a precedent, the Court directed respondents to release 50% of withheld wages, applicable only where the Scheme was implemented in the Gram Panchayat.

What did the court decide?

Directed respondents to release 50% of the minimum wages withheld w.e.f. 01.02.2013 and to pay wages as prescribed for skilled workmen under the Minimum Wages Act, 1948.

Kalu Ram and Ors. Vs State of Rajasthan and Ors. — Service and Employment | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

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JODHPUR

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S.B. Civil Writ No. 10226/2017

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Kalu Ram S/o Dhanna Ram Jat, R/o Village Lototi, Tehsil Jetaran, District Pali.

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Budha Ram S/o Shiv Nath, R/o Village Vijaygarh, Tehsil Jetaran, District Pali.

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Samudi W/o Mohd Khan, R/o Village Mohrai, Tehsil Jetaran, District Pali.

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Govind Das S/o Jeevan Das, R/o Village Birole, Tehsil Jetaran, District Pali.

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Narpat Singh S/o Amar Singh, R/o Village Malpuria, Tehsil Jetaran, District Pali.

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Shyam Singh S/o Sh. Nahar Singh, R/o Village Haziwas, Tehsil Jetaran District Pali.

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Mohammad Sikandar S/o Sh. Kalu Khan Pathan, R/o Vpo Sawrad, Via Sojat Road, Tehsil Marwar Junction District Pali.

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Rohitash S/o Mohanlal, R/o Litariya, Panchayat Samiti Jetaran, District Pali.

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Kalyan Singh S/o Sikandar Singh, R/o Gram Ramawas Kallan, Panchayat Samiti Jetaran, District Pali.

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Ratan Singh S/o Sardar Singh, R/o Gram Ratariya, Panchayat Samiti Raipur, District Pali.

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Usman Gani S/o Shamsudin Gani, R/o Gram Viratiya Khurd, Panchayat Samiti Raipur, District Pali.

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Goverdhan Singh S/o Kesar Singh, R/o Village Post Kalaliya, Tehsil Raipur, Via Bar, District Pali.

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Mohanlal S/o Jeetaram, R/o Village Sumer, R/o Village Sabalpura, Panchayat Samiti Raipur, District Pali.

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Kana Ram S/o Durgaram, R/o Amarpura, Tehsil Jaitarn District Pali.

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Narayan Singh S/o Heer Singh, R/o Village Post Bagdi, Tehsil Raipur, Via Barr, District Pali.

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Hari Ram S/o Labu Ram, R/o Village Post Khival, Post Kalu Kalan, Via Raipur, District Pali.

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Chota Ram S/o Baksha Ram Jat, R/o Village Kekida, R/o Tehsil Jetaran, District Pali.

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(2 of 3)

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[CW-10226/2017]

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Kailash Das S/o Dungar Das, R/o Village Lasni, Tehsil Jaitaran, District Pali.

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Manak Ram S/o Heera Ram, R/o Khivanadi, Tehsil Jetaran, District Pali.

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Hari Singh S/o Ladu Singh, R/o Village Kotariya, Tehsil Jaitaran, District Pali.

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Karan Singh S/o Hanwant Singh, R/o Village Mundawa, Tehsil Jetaran, District Pali

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----Petitioners

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Versus

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1. The State Of Rajasthan Through The Principal Secretary, Department Of Public Health And Engineering Department Phed, Government Of Rajasthan, Jaipur, Rajasthan.

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

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District Collector, District Pali, Rajasthan.

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Superintending Engineer, Department Of Public Health And Engineering Department, Phed Pali, District Pali Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. C.R. Choudhary For Respondent(s) : Mr. N.K. Mehta

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HON'BLE MR. JUSTICE ARUN BHANSALI

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Order

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26/11/2018

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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 ‘he Act of 1948’). Further, it is prayed that the respondents

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(3 of 3)

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[CW-10226/2017]

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be directed to release 50% of the minimum wages withheld w.e.f. 01.02.2013.

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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:-

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“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.”

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Accordingly, the writ petition is also allowed with similar

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directions as given in the case of Jagdish Singh (supra).

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(ARUN BHANSALI),J

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209-AK Chouhan/-

Kalu Ram and Ors. v. State of Rajasthan and Ors.

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Kalu Ram and Ors. v. State of Rajasthan and Ors.

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