PRAHLAD CHAND JAT v. STATE OF RAJ AND ORS

Order 14/07/2017 Learned counsel for the petitioner submits that identical controversy has already been raised, considered and adjudicated upon by a Coordinate Bench of this Court in the case of Pradesh Janta Jal Yojna Shramik Union Versus The State of Rajasthan & Ors.: S.B. Civil Writ Petition No.15098/2012, vide order dated 2nd November, 2016, after hearing the learned counsel for the respondents, 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 (2 of 3) [CW-10975/2017] 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 10 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.

It is, however, made clear that this judgment (3 of 3) [CW-10975/2017] would apply only in those cases where scheme in question has been floated and implemented and not in any other case. If the SchemeGramin 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.

Learned counsel would, therefore, submits that for the present, the instant writ application be disposed off in terms of the order in the case of Pradesh Janta Jal Yojna Shramik Union (supra).

In view of the statement made; the instant writ application stands disposed off in terms of the order in the case of Pradesh Janta Jal Yojna Shramik Union (supra).

(VEERENDR SINGH SIRADHANA)J.

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