NARAYAN RAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-11-237
HIGH COURT OF RAJASTHAN
Decided on November 21,2019

NARAYAN RAM Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

Vinit Kumar Mathur,J. - (1.) By way of present writ petition, the petitioners who were employed as Pump Driver/Operators under the Janata Jal 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. 01.02.2013.
(2.) Learned counsel appearing for the parties submit that the controversy involved in the writ petition is covered by a decision of this Court rendered in Jagdish Singh and Ors. v. State of Rajasthan& Ors.: S.B. Civil Writ Petition No. 5954/17, decided on 13.07.2017, which stand allowed with the following directions:- "10. Accordingly, the writ petitions are allowed. The petitioners who are employed under Gramin Janta Jal 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 Jal 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 beat liberty to approach the authority under the Minimum Wages Act for adjudication of the dispute. No order as to costs."
(3.) Accordingly, the writ petition is also allowed with similar directions as given in the case of Jagdish Singh (supra).;


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