A.K. Mathur, J. - (1.) Heard learned counsel for the parties. I have perused the writ petition.
(2.) The petitioners by this writ petition have prayed that the respondent authority under the Payment of Wages Act may be restrained from proceeding with the claim of the claimant respondent No. 1.
(3.) The petitioner is the Chairman, Municipal Board, Sardar Sahar. The first respondent Bhagwana Ram filed a claim petition before the Authority under the Payment of Wages Act, 1936 on 9.10.1990 claiming non-payment of wages amounting to Rs. 28,178/- alongwith ten times compensation. His case was that he is working in the office of Municipal Board on the post of Kotwal Dainik Shramik. He claimed non-payment of wages for a period commencing from 2.4.1979 to 30.9.1990 and furnished a chart. According to him he was initially getting Rs. 60/- per month but he was entitled to get Rs. 182/- per month on account of the Minimum Wages Act, 1948. The petitioners disputed and submitted that there is no sanctioned post of Kotwal Dainik Shramik which is apparent from the Rajasthan Municipalities Board Rules. It is submitted that the petitioners were not regularly employed by the Board and he was not required to attend the office regularly. He used to work on a fixed term basis and he was called as and when same news item is to be circulated in the town by the beat of a drum. Therefore, in these circumstances an objection has been raised that the Authority under Payment of Wages Act has no jurisdiction to decide this claim. But the authority has proceeded to decide the case on the merit and as such the petitioners have approached this court by filing the present writ petition.;