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2017 DIGILAW 1559 (RAJ)

Jagdish Singh v. State of Rajasthan

2017-07-13

SANGEET LODHA

body2017
ORDER : Sangeet Lodha, J. 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 Hon'ble Supreme Court in "Superintending Engineer, PHED, Sikar & Ors. v. 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 Hon'ble Supreme Court, the writ petitions involving identical controversy stand allowed by the Jaipur Bench of this court vide order dated 2.11.2012 passed in the matter of " Pradesh Janta Dal Shramik Union, Rajasthan v. 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 2.11.2012 rendered in "Prem Singh v. 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 Hon'ble 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. It is submitted that pursuant to the decision of this court and Hon'ble 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. 4. I have considered the submissions of the learned counsels for the parties and perused the decisions cited at the bar. 5. Indisputably, in Prahlad Rai's case (supra), the learned Single Judge of this court at Jaipur Bench upheld the order of authority under Minimum Wages Act whereby the PHED and the concerned Gram Panchayat were held jointly and severally liable to pay the minimum wages as per provisions of the Act of 1948 to the concerned employee holding the post of Pump Operators under Gramin Janta Dal Yojana floated by the State Government. The Special Appeals filed by the PHED assailing the legality of the order passed by the learned Single Judge stood dismissed and the Special Leave Petitions preferred by the PHED against the Bench decision of this court also stand dismissed and thus, the decision of the learned Single Judge has attained finality. 6. It is to be noticed that before the Hon'ble Supreme Court it was contended on behalf of the State Government that the Gramin Janta Dal Yojana wherein the respondents therein were employed, was floated by the State Government and the implementation thereof was entrusted to the concerned Gram Panchayat. It was contended that under the scheme, the contribution of the funds to be provided by the State for the employees is only Rs. 500/- per month and the rest of the expenditure is to be borne by the Gram Panchayat and thus, the order passed by the authority under Minimum Wages Act holding the PHED jointly and severally liable is not just and proper. The Hon'ble Supreme Court after due consideration of the submissions made on behalf of the State, dismissed the SLPs with the following observations: "The Scheme in question was introduced and implemented for ensuring safe drinking water for the residents of the concerned villages. The Scheme itself was floated by the Government and the funds for implementation of the Scheme are to be paid by the State Government. If that be so, it is difficult to understand as to why the State along-with Gram Panchayat cannot be held jointly and severally liable to pay the amount. If at all such a situation, namely, the question of apportionment of funds arise, the same can also be dealt with by suitable adjustments made in the amounts allocated/to be allocated by the State to the Panchayats. However, that would not be a sufficient basis to find fault with the order of the primary authority or in the order of learned Single Judge which has been upheld by the Division Bench of the High Court. We, therefore, find no merit in any of these appeals. The appeals filed by the State are consequently dismissed." 7. However, that would not be a sufficient basis to find fault with the order of the primary authority or in the order of learned Single Judge which has been upheld by the Division Bench of the High Court. We, therefore, find no merit in any of these appeals. The appeals filed by the State are consequently dismissed." 7. Relying upon the decision of the Hon'ble Supreme Court in Prahlad Rai's case (supra), a coordinate Bench of this court at Jaipur has disposed of the writ petitions involving identical questions holding the petitioners entitled for minimum wages in terms of the decision of the learned Single Judge of this court referred supra. 8. It is pertinent to note that in Prem Singh & others case (supra), a coordinate Bench of this court while allowing the writ petitions preferred by the employees similarly situated has issued directions to the respondents to make payment of wages to the petitioners therein as prescribed for skilled workman by the State of Rajasthan as per the provisions of Act of 1948. 9. In view of the legal position settled by this court as aforesaid, these writ petitions deserves to be allowed. 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.