Allowed

Madan Lal v. the State of Rajasthan

Rajasthan HC23 Jul 2020CW/3643/2020

Case brief

AI extract

What is this about?

In this writ petition, employee-petitioners seeking minimum wages as skilled workmen under the Minimum Wages Act, 1948 were employed as Pump Drivers/Operators under the Janata Jal Yojana. The High Court allowed the petition, directing respondents to pay 50% of withheld wages.

What did the court decide?

Writ petition allowed; directed respondents to release 50% of minimum wages withheld as of 01.02.2013 for Skilled Workmen under Minimum Wages Act, 1948.

Madan Lal Vs the State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2020)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 3643/2020

¶3

Madan Lal S/o Shri Jiwan Ram, Aged About 36 Years, By Caste Dhanka, Resident Of Chak 6 Dol, Post Office Khober, Tehsil Rawla Mandi, District Sri Ganganagar (Rajasthan).

¶4

----Petitioner

¶5

Versus

¶6

The State Of Rajasthan, Through Secretary , Panchayati Raj Department, Secretariat, Jaipur (Rajasthan).

¶7

The District Collector, Sri Ganganagar (Rajasthan).

¶8

The Chief Executive Officer, Zila Parishad, Sri Ganganagar (Rajasthan).

¶9

The Block Development Officer, Panchayat Samiti, Gharsana, District Sri Ganganagar (Rajasthan).

¶10

Sarpanch, Village Panchayat 13 Dol, Panchayat Samiti, Gharsana, District Sri Ganganagar (Rajasthan).

¶11

----Respondents

¶12

For Petitioner(s) : Mr. Trilok Joshi For Respondent(s) : Mr. Gajendra Singh Chauhan for Mr. K.K. Bissa

¶13

JUSTICE DINESH MEHTA

¶14

Judgment

¶15

23/07/2020

¶16

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

¶17

(2 of 2) [CW-3643/2020]

¶18

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

¶19

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:-

¶20

“ 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.”

¶21

Accordingly, the writ petition is also allowed with similar directions as given in the case of Jagdish Singh (supra).

¶22

(DINESH MEHTA),J

¶23

33-Ramesh/-

Madan Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Madan Lal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jagjeet Singh Vs State of Rajasthan

Mukesh Kumar Vs the State of Rajasthan

Mukesh Kumar Sharma Vs State of Raj.

Saroj Vs State of Rajasthan

Nirmala Damor Vs State of Rajasthan

Laxmi Kiumari Ninama Vs State of Rajasthan