Allowed

Narayan Ram v. State of Rajasthan

Rajasthan HC21 Nov 2019CW/17275/2019

Case brief

AI extract

What is this about?

Petitioners employed as Pump Drivers/Operators under Janata Jal Yojana sought minimum wages directions. The high court followed a prior precedent and allowed the petition, directing respondents to pay minimum wages as skilled workmen and release 50% of withheld wages.

What did the court decide?

Petitioners directed to be paid minimum wages as skilled workmen; 50% of withheld wages to be released forthwith.

Narayan Ram Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 17275/2019

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Narayan Ram S/o Bhikha Ram Bishnoi, Aged About 32 Years, R/o Village Khetasar, Panchayat Samiti Osian, District Jodhpur (Raj.).

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----Petitioner

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Versus

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

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

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The Block Development Officer, Panchayat Samiti Osian, Jodhpur.

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The Gram Panchayat At Khetasar, Through Its Secretary Cum Gram Sewak, Panchayat Samiti Osian, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Ashok Kumar Choudhary For Respondent(s) : Mr. Hargovind Chand for Mr. K.K. Bissa

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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21/11/2019

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By way of present writ petition, the petitioners who were employed as Pump Driver/Operators under the Janata Jal Yojana promulgated by the Government of Rajasthan to provide drinking water to the citizens, are seeking directions to the respondents to make payment of minimum wages to them as prescribed for Skilled Workman under the provisions of Minimum Wages Act,1948 (for short “the Act of 1948”). It is further prayed that the respondents be directed to release 50% of the minimum wages withheld w.e.f. 01.02.2013.

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(2 of 2)

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[CW-17275/2019]

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Learned counsel appearing for the parties submit 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 stand 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 GraminJanta 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 beat 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 directions as given in the case of Jagdish Singh (supra).

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(VINIT KUMAR MATHUR),J

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136-praveen/-

Narayan Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Narayan Ram v. State of Rajasthan

Case brief

What is this about?

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