JAGDISH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of these petitions, 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.

(2.) Learned counsel appearing for the petitioners contended that the controversy raised in the present writ petitions stands settled by a decision of the Honourable Supreme Court in "Superintending Engineer, PHED, Sikar & Ors. Vs. Prahlad Rai & Ors.", (Civil Appeal No. 11355/13 and other connected appeals, decided vide order dated 21.9.2016), whereby a decision of Jaipur Bench of this court dismissing the writ petition preferred by the State against the order of Authority under the Minimum Wages Act, by which Public Health & Engineering Department ('PHED') of State and the concerned Gram Panchayat were held jointly and severally liable to pay the amount of minimum wages as per the provisions of the Act of 1948 to similarly situated employees holding the post of Pump Operator, has been upheld. Learned counsel submitted that after the decision of the Honourable Supreme Court, the writ petitions involving identical controversy stand allowed by the Jaipur Bench of this court vide order dated 11.2012 passed in the matter of " Pradesh Janta Dal Shramik Union, Rajasthan Vs. The State of Rajasthan & Ors.", (S.B.C. Writ Petition No. 15098/12 and other connected petitions). Learned counsel has also relied upon a coordinate Bench decision of this court dated 11.2012 rendered in "Prem Singh Vs. State of Rajasthan & Ors.", (S.B.C. Writ Petition No. 3586/11 and other connected petitions). It is submitted that pursuant to the decision of this court and Honourable Supreme Court, the State Government has already issued an order dated 28.4.17 to pay the minimum wages to the Pump Operators employed under Janta Dal Yojana, however, the applicability thereof has been restricted to the employees who were petitioners before this court in the said writ petitions. Learned counsel further submitted that after the decision of this court in Prem Singh's case (supra), keeping in view the interim order passed by a Bench of this court in the Special Appeal preferred against the said decision, the petitioners are being paid 50% of the minimum wages and the payment of remaining 50% of the amount has been withheld.

(3.) On the other hand, learned Government Counsel while not disputing that the controversy involved in the present writ petitions stands covered by the aforesaid decisions relied upon by the counsel for the petitioner, submitted that the petitioners have filed joint petitions wherein the Gram Panchayats concerned are not impleaded as party respondents and therefore, it is not possible to ascertain as to whether the petitioners are actually employed as Pump Driver/Operator under the Gramin Janta Dal Yojana or not? Relying upon the decision of Jaipur Bench of this court in Pradesh Janta Jal Yojana Shramik Union's case (supra), learned Government Counsel submitted that the directions contained therein would apply only to those cases where scheme in question has been floated and implemented and not in any other case and if the scheme Gramin Janta Dal Yojana was not floated in particular Gram Panchayat then respondents would not be liable for payment at the rate of minimum wages.