This writ petition seeks minimum wages for Skilled Workman employed under the Janata Dal Yojana. The court allowed the petition relying on the decision in Jagdish Singh & Ors., directing the respondents to pay minimum wages and release 50% of the withheld amount.
Minimum wages as for Skilled Workman to be paid and 50% of withheld wages to be released forthwith.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 810/2019
----Petitioners
----Respondents
For Petitioner(s) : Mr. V.R. Choudhary. For Respondent(s) : Mr. K.S. Solanki for Mr. Manish Patel.
HON'BLE MR. JUSTICE ARUN BHANSALI Order
16/01/2019
Issue notice.
Mr. Manish Patel, Additional Government Counsel accepts notices on behalf of respondents no.2 to 4, service is therefore, complete. With the consent of learned counsel for the parties, the matter is finally heard at this stage.
(2 of 2)
[CW-810/2019]
By way of this writ petition, the petitioners who were employed as Pump Driver/Operators under the Janata Dal 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. 1.2.13.
Learned counsels appearing for the parties submit that the controversy involved in this writ petition is covered by a decision of this court rendered today in the matter of “Jagdish Singh & Ors. vs. State of Rajasthan & Ors.”, (S.B.C.Writ Petition No.5954/17 and other connected petitions), which stand allowed with the following directions:
“10. Accordingly, the writ petitions are allowed. The petitioners who are employed under Gramin Janta Dal 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 Dal 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.”
Accordingly, this writ petition is also allowed with the
directions as above.
222-PKS/-
2 issues framed by the court
Whether petitioners employed under Janata Dal Yojana are entitled to minimum wages for skilled workman.
Whether respondents are directed to release 50% of withheld minimum wages.
Colour shows how this judgement treated each authority
Jagdish Singh & Ors. vs. State of Rajasthan & Ors.Followed¶23
Jagdish Singh & Ors. vs. State of Rajasthan & Ors.
1 provisions across 1 enactments
Gunesh Ram
Gopa Ram
Sayar Khan
Mitha Ram
Dhandas
State Of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
