SOHANI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has averred in the petition that she was appointed as Safai-Karmchari on daily wage basis in the department of the respondents in the year 1973 and since then she is discharging her duties. The petitioner is getting Rs.240/- per month as remuneration, which is below the minimum wage rate fixed by the respondents to be paid to a labour, who works for 8 hours in a day. The petitioner has also averred in the petition that she has no other source of income to lookafter her poor family consisting of her sons and daughters. The petitioner made a representation to the respondents for regularization of her services but the respondents have not attended the representation of the petitioner.

(2.) The respondents have filed reply stating therein that the petitioner's services cannot be regularized as the petitioner has been engaged for a part time worker for cleaning the office and there is no post of Safai Karmchari in the department. It is also stated in the reply that the petitioner is working as part time worker and initially she was engaged on the minimum payment of Rs.30/- per month, which was enhanced subsequently to Rs.240/- per month. The petitioner is working for fixed period and not for whole of the day, thus, she is not entitled to the payment of minimum wages.

(3.) Heard learned counsel for the parties and perused the record. Learned counsel for the petitioner has submitted that the stand taken by the respondents in their reply that the petitioner is a part time worker is contrary to the facts. His submission is that the petitioner is working for 8 hours in a day. To the reply of the respondents, the rejoinder has not been filed by the petitioner to clarify it. Therefore, it is a disputed question of fact as to whether the petitioner is working as part time worker or for 8 hours in a day. The respondents if getting the work from the petitioner for 8 hours in a day, in that event, the petitioner is entitled to minimum wages.