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2019 DIGILAW 2263 (RAJ)

Shivcharan v. State of Rajasthan

2019-08-22

PUSHPENDRA SINGH BHATI

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ORDER : PUSHPENDRA SINGH BHATI, J. 1. Learned counsel for the petitioners, at the very outset, submits that the controversy raised in the instant writ application stands resolved in view of the adjudication made by a Coordinate Bench of this Court in a batch of writ applications lead case being S.B. Civil Writ petition Number 15098 of 2012: Pradesh Janta Jal Yojna Shramik Union v. The State of Rajasthan & Ors., decided on 2nd November, 2016, observing thus: "By these writ petitions, a direction is sought for payment of minimum wages at the rate prescribed by the State Government vide their Notification dated 27th December, 2010. A further prayer is made for regularisation of their services but is not pressed by learned counsel for petitioners at this stage. In view of the above, only issue requires consideration is about payment of minimum wages to the petitioners. The dispute came on a scheme of Gramin Janta Jal Yojna which was floated by the State. Many persons were engaged therein. The question about payment of minimum wages came up before this court and now the Apex Court has decided the Special Leave to Appeals. It was found that-Gramin Janta Jal Yojna Scheme was floated by the State Government and implementation thereof was entrusted to the Gram Panchayat. A sum of Rs. 500/- per month was provided for each employee and rest of the expenditure was to be borne by the Gram Panchayat. The High Court held the Government liable for minimum wages and judgment therein had been challenged before the Apex Court. It was found that scheme was floated by the State Government thus the funds are to be provided by them only. In view of above, it is difficult to understand as to why two departments of the State cannot be held jointly and severally liable to pay the wages. The issue of apportionment of funds can suitably be considered by the State Government. The judgment of the learned Single Judge was upheld by the Division Bench and has not been interfered by the Apex Court for a direction for payment at the rate of minimum wages. In view of aforesaid, these writ petitions are disposed of and ordered to be governed by the judgment of this court, as upheld by the Apex Court vide judgment dated 21st September, 2016 and, accordingly, petitioners would be entitled to the minimum wages. In view of aforesaid, these writ petitions are disposed of and ordered to be governed by the judgment of this court, as upheld by the Apex Court vide judgment dated 21st September, 2016 and, accordingly, petitioners would be entitled to the minimum wages. It is, however, made clear that this judgment would apply only in those cases where scheme in question has been floated and implemented and not in any other case. If the Scheme Gramin Janta Jal Yojna was not floated in a particular Gram Panchayat, then 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, then would be at liberty to approach the Minimum Wages Authority for adjudication of the factual disputes." 2. It is further contended that the matter has also attained the finality in view of the order dated 21st September, 2016, made by the Apex Court of the land declining Civil Appeal Number 11356 of 2013 and other connected appeals, institute by the State respondents. 3. It is further urged that for the present; the petitioners would be satisfied, if the State-respondents are directed to consider and decide the representation of the petitioners, in the backdrop of the adjudication made by this Court as well as Supreme Court in the case of Pradesh Janta Jal Yojna Shramik Union (supra), within a time frame, which they are ready and willing to address within two weeks hereinafter. 4. In view of the limited prayer addressed; the instant writ proceedings are closed with a direction to the petitioners to address a comprehensive representation enclosing a copy of the order in the case of Pradesh Janta Jal Yojna Shramik Union (supra). 5. In case, a representation is so addressed within the aforesaid period, the State-respondents are directed to consider and decide the same by a reasoned and speaking order in the backdrop of the adjudication made by this Court as well as Supreme Court in the case of Pradesh Janta Jal Yojna Shramik Union (supra), as expeditiously as possible, preferably within two months from the date of receipt of the representation along with a certified copy of this order. 6. With the observations and directions, as indicated above, the writ application stands disposed off.