Rajasthan High Court – Jodhpur
State And Ors vs Duda Ram And Anr on 3 December, 2021Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1259/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District Barmer
—-Petitioners
Versus
1. Dungra Ram S/o Kharta Ram, R/o Alamsariya, Tehsil
Gudamalani District Barmer
2. Gram Panchayat, Udasar, Tehsil Gudamalani, District
Barmer
—-Respondents
CONNECTED WITH
S.B. Civil Writ Petition No. 936/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District-Barmer
—-Petitioners
Versus
1. Choga Ram S/o Rawta Ram, R/o Village-Silgan, Tehsil-
Gudamalani District-Barmer
2. Gram Panchayat, Bheemthal Tehsil-Gudamalani, District-
Barmer
—-Respondents
S.B. Civil Writ Petition No. 12812/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
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Versus
1. Kadar Khan S/o Ghume Khan, Village- Navoda Bera,
Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Navoda Bera, Panchayat Samiti
Balotra, District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12813/2016
1. State Of Rajasthan Through Secretary, Public Health And
Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Panchpadra Balotra, District Barmer
—-Petitioners
Versus
1. Bhawani Singh S/o Jai Singh, Village Durgapura, Tehsil
Pachpadra, District Barmer
2. Gram Panchayat, Bagawas Panchayat Samiti Balotra,
District Barmer
—-Respondents
S.B. Civil Writ Petition No. 12815/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Amre Khan S/o Jagmal Khan, Village- Navoda Bera,
Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Navoda Bera, Panchayat Samiti
Balotra, District- Barmer
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—-Respondents
S.B. Civil Writ Petition No. 12816/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Abdul Gani S/o Khamme Khan, Village- Navoda Bet
2. Gram Panchayat, Dhundli, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12821/2016
1. State Of Rajasthan Through Secretary, Public Health And
Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Panchpadra Balotra, District Barmer
—-Petitioners
Versus
1. Shaitan Singh S/o Rana Ram, Village Kanana, Tehsil
Pachpadra, District Barmer
2. Gram Panchayat, Parlu Panchayat Samiti Balotra,
District Barmer
—-Respondents
S.B. Civil Writ Petition No. 12823/2016
1. State Of Rajasthan Through Secretary, Public Health And
Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering
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Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District Barmer
—-Petitioners
Versus
1. Kana Ram S/o Panna Ram, Dudwa, Tehsil Pachpadara,
District Barmer
2. Gram Panchayat, Dudwa, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12830/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Bhopa Ram S/o Lala Ram, Village- Kotukhan, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Patori, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12833/2016
1. State Of Rajasthan Through Secretary, Public Health And
Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Panchpadra Balotra, District Barmer
—-Petitioners
Versus
1. Bhera Ram S/o Virdha Ram, Village Sughroniya Ki
Dhani, Tehsil Pachpadra, District Barmer
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2. Gram Panchayat, Chilanadi Panchayat Samiti Balotra,
District Barmer
—-Respondents
S.B. Civil Writ Petition No. 12869/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Kesa Ram S/o Jalla Ram, Village- Bhakarsar, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Patodi, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12871/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Panchpadra Balotra, District Barmer
—-Petitioners
Versus
1. Shankar Singh S/o Bhairav Singh, Village Paraliya Tehsil
Pachpadra, District Barmer
2. Gram Panchayat, Moolki Dhani Panchayat Samiti
Balotra, District Barmer
—-Respondents
S.B. Civil Writ Petition No. 12875/2016
1. State Of Rajasthan Through Secretary, Public Health And
Engineering Department, Jaipur.
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2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District Barmer
—-Petitioners
Versus
1. Hara Ram S/o Basta Ram, Village Chanjrai, Tehsil
Pachpadra, District Barmer
2. Gram Panchayat, Moolki Dhani Panchayat Samiti
Balotra, District Barmer
—-Respondents
S.B. Civil Writ Petition No. 12877/2016
1. State Of Rajasthan Through Secretary, Public Health And
Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District Barmer
—-Petitioners
Versus
1. Rawatpuri S/o Gumanpuri, Village Thob, Tehsil
Panchpadra, District Barmer
2. Gram Panchayat, Thob Panchayat Samiti Balotra, District
Barmer
—-Respondents
S.B. Civil Writ Petition No. 12879/2016
1. State Of Rajasthan Through Secretary, Public Health And
Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Panchpadra Balotra, District Barmer
—-Petitioners
Versus
1. Fusa Ram S/o Jala Ram, Village Khattu, Tehsil
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Pachpadra, District Barmer
2. Gram Panchayat, Khattu Panchayat Samiti Balotra
District Barmer
—-Respondents
S.B. Civil Writ Petition No. 12891/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Ali Mohammad S/o Hamle Khan, Village- Kanana, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Navoda Bera, Panchayat Samiti
Balotra, District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12893/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Sang Singh S/o Bagat Singh, Village- Badjawa Jagir,
Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Baunava, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12895/2016
1. State Of Rajasthan Throguh The Secretary, Public Health
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And Engineering Department, Jaipur.
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District Barmer
—-Petitioners
Versus
1. Dheena Ram S/o Bhakar Ram, Village Parlu, Tehsil
Panchpadra, District Barmer
2. Gram Panchayat, Dholi Kalla Panchayat Samiti Balotra,
District Barmer
—-Respondents
S.B. Civil Writ Petition No. 12898/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Rahim Khan S/o Bachhu Khan, Village- Khanoda, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Rewada Jetmal, Panchayat Samiti
Balotra, District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12905/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
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1. Magpuri S/o Phoolpuri, Village- Doli Kalan, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Doli Kalan, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12908/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Nathu Singh S/o Sawai Singh, Khanoda, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Khanoda, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12915/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Pukhraj S/o Lala Ram, Village- Parlu, Tehsil- Pachpadra,
District- Barmer
2. Gram Panchayat, Parlu, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12933/2016
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1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Ganpat Das S/o Girdhari, Village- Newri, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Newri, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12934/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Pata Ram S/o Mohan Ram, Village- Hapanada, Tehsil-
Pachpadra, District- Barmer
2. Gram Panchayat, Dhundli, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12935/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
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Versus
1. Duda Ram S/o Joga Ram, Akadli, Tehsil- Pachpadra,
District- Barmer
2. Gram Panchayat, Akadli, Panchayat Samiti Balotra,
District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 12936/2016
1. State Of Rajasthan Through Secretary, Public Health And
Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District Barmer
—-Petitioners
Versus
1. Gafoor Khan S/o Hamle Khan, Village Navoda Bera,
Tehsil Panchpadra, District Barmer
2. Gram Panchayat, Navoda Bera Panchayat Samiti Balotra,
District Barmer
—-Respondents
S.B. Civil Writ Petition No. 657/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District Barmer
—-Petitioners
Versus
1. Manohar S/o Roopa Ram, R/o Sanawda, Tehsil
Gudamalani District Barmer
2. Gram Panchayat, Bhimthal Tehsil Gudamalani, District
Barmer
—-Respondents
S.B. Civil Writ Petition No. 937/2017
1. State Of Rajasthan Through The Secretary, Public Health
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And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District-Barmer
—-Petitioners
Versus
1. Balwant Ram S/o Maga Ram, R/o Village-Dhorimanna,
District-Barmer
2. Gram Panchayat, Dhorimanna, District-Barmer
—-Respondents
S.B. Civil Writ Petition No. 1280/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District Barmer
—-Petitioners
Versus
1. Mohan Ram S/o Dhanna Ram, R/o Village Kabuli, Tehsil
Gudamalani, District Barmer
2. Gram Panchayat, Chainpura Tehsil Gudamalani, District
Barmer
—-Respondents
S.B. Civil Writ Petition No. 12909/2016
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Executive Engineer, Public Health And Engineering
Department, Balotra, District- Barmer
3. The Assistant Engineer, Public Health And Engineering
Department, Pachpadra Balotra, District- Barmer
—-Petitioners
Versus
1. Ghewar Ram S/o Chhoga Ram, Village- Rewara Maghiya,
Tehsil- Pachpadra, District- Barmer
2. Gram Panchayat, Rewada Jetmal, Panchayat Samiti
Balotra, District- Barmer
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—-Respondents
S.B. Civil Writ Petition No. 655/2017
1. State Of Rajasthan Through The Secretary, Public
Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District-Barmer
—-Petitioners
Versus
1. Misra Ram S/o Pokar Ram R/o Village Arniyali, Tehsil
Gudamalani District-Barmer.
2. Gram Panchayat, Chainpura Tehsil-Gudamalani,
District-Barmer
—-Respondents
S.B. Civil Writ Petition No. 656/2017
1. State Of Rajasthan Through The Secretary, Public
Health And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District-Barmer
—-Petitioners
Versus
1. Panch Ram S/o Bhakhra Ram R/o Kabuli, Tehsil-
Gudamalani District-Barmer.
2. Gram Panchayat, Khari, Tehsil-Gudamalani, District-
Barmer
—-Respondents
S.B. Civil Writ Petition No. 659/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District-Barmer
—-Petitioners
Versus
1. Buddha Ram S/o Moola Ram, R/o Mayli Ki Beri, Tehsil-
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Gudamalani District-Barmer.
2. Gram Panchayat, Khari, Tehsil-Gudamalani, District-
Barmer
—-Respondents
S.B. Civil Writ Petition No. 1262/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur.
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District Barmer.
—-Petitioners
Versus
1. Deepa Ram S/o Kumbha Ram, R/o Village Roli, Tehsil
Gudamalani District Barmer.
2. Gram Panchayat, Banta Tehsil Gudamalani, District
Barmer.
—-Respondents
S.B. Civil Writ Petition No. 1278/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District Barmer
—-Petitioners
Versus
1. Ridmal S/o Chanda Ram, R/o Village Silgan, Tehsil
Gudamalani District Barmer
2. Gram Panchayat, Bheemthal Tehsil Gudamalani, District
Barmer
—-Respondents
S.B. Civil Writ Petition No. 1279/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District-Barmer
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—-Petitioners
Versus
1. Shree Ram S/o Shree Ram, R/o Village- Dhorimanna,
District- Barmer
2. Gram Panchayat, Dhorimanna District- Barmer
—-Respondents
S.B. Civil Writ Petition No. 1281/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District- Barmer
—-Petitioners
Versus
1. Banka Ram S/o Tulchha Ram, R/o Village- Loharwa,
Tehsil- Gudamalani District- Barmer
2. Gram Panchayat, Bheemthal Tehsil-Gudamalani, District-
Barmer
—-Respondents
S.B. Civil Writ Petition No. 1282/2017
1. State Of Rajasthan Through The Secretary, Public Health
And Engineering Department, Jaipur.
2. The Assistant Engineer, Public Health And Engineering
Department, Dhorimanna, District- Barmer
—-Petitioners
Versus
1. Rawta Ram S/o Jora Ram, R/o Shivki Ka Mandir, Tehsil-
Gudamalani District- Barmer
2. Gram Panchayat, Bor Charnan, Tehsil- Gudamalani,
District- Barmer
—-Respondents
For Petitioner(s) : Ms. Anjana Jawa
For Respondent(s) : Mr. Pawan Singh
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HON’BLE MR. JUSTICE VIJAY BISHNOI
Order
03/12/2021
These writ petitions are filed by the petitioners challenging
the validity of the order dated 25.02.2014 passed by the
Authority, Minimum Wages Act, Balotra, whereby a direction has
been issued to the petitioners as well as the Gram Panchayats to
provide minimum pay scale to the respondents- Pump
Drivers/Operators working in various Gram Panchayats. The
petitioners have also challenged the judgment dated 09.09.2016
passed by the Additional District Judge, Balotra District Barmer in
Civil Appeal Decree No.10/2015 (11/15), whereby it has dismissed
the appeal preferred on behalf of the petitioners and affirmed the
order dated 25.02.2014 passed by the Authority, Minimum Wages
Act, Balotra.
Brief facts of the case are that the respondents were
appointed as Pump Drivers/Operators in various Gram Panchayats
of District Barmer on a fixed amount of Rs.500/- per month under
the Scheme of Janta Jal Yojana. The respondents have
approached the Authority, Minimum Wages Act, Balotra with a
prayer to direct the State as well as the concerned Gram
Panchayats to pay them minimum wages at the rate of Rs.73/- per
day as per the Minimum Wages Act. The claim of the respondents
was accepted by the Authority, Minimum Wages Act, Balotra and
vide order dated 25.02.2014, the Authority, Minimum Wages,
Balotra directed the petitioners to pay minimum wages to the
respondents and also directed to deposit the arrears before the
Court. Appeal filed against the order dated 25.02.2014 has also
been dismissed by appellate court.
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Learned counsel has submitted that the issue raised in these
writ petitions is squarely covered by the decision rendered by the
Hon’ble Supreme Court in the cases of Superintending
Engineer, PHED, Sikar & Ors. Vs. Prahlad Ray & Ors. – Civil
Appeal No(s).11355 of 2013; decision rendered by this Court in
Jagdish Singh & Ors. Vs. State of Rajasthan & Ors. – SB Civil
Writ Petition No.5954/2017 and other connected writ petitions
as well as the judgment passed by the Division Bench of this Court
in D.B. Special Appeal (Writ) No.247/2013 – State of
Rajasthan & Ors. Vs. Nemi Chand & Ors. and other connected
matters.
Learned counsel for the petitioners has argued that the
respondents were working as Pump Drivers/Operators in the
various Gram Panchayats and they have been appointed by the
Gram Panchayats concerned only, therefore, the action of the
Authority, Minimum Wages Act, Balotra of fastening the liability
upon the State along with Gram Panchayats to pay minimum
wages to the respondents-Pump Drivers/Operators is illegal.
Having heard learned counsel for the parties and after going
through the decision of the Hon’ble Supreme Court in
Superintending Engineer’s case (supra); judgments passed
by this Court in Jagdish Singh’s case (supra) and State of
Rajasthan Vs. Nemi Chand (supra), I do not find any merits in
the submissions of the learned counsel for the petitioners.
The Hon’ble Supreme Court in the case of Superintending
Engineer (supra) held as under:-
“The challenge in this group of appeals is against a
common order passed by the High Court of Rajasthan
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dismissing the Letters Patent Appeals filed by the Public
Health and Engineering Department of the State
Government. The Letters Patent Appeals filed by the
State sought to challenge an order of the learned Single
Judge of the High Court upholding the order of the
authority under the Minimum Wages Act by which the
Public Health and Engineering Department of the State
and the concerned Gram Panchayat has been made
jointly and severally liable to pay the amount due to the
concerned employees (Pump Operators) as per the
provisions of Minimum Wages Act, 1948.
The Scheme-Gramin Janta Jal Yojna under which
the respondents were appointed was floated by the State
Government and the implementation thereof was
entrusted to the concerned Gram Panchayat. Under the
Scheme, according to the appellant, contribution of
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(s). It is on the
aforesaid basis that the order granting minimum wage
holding the Department jointly and severally liable to
pay the minimum wages has been challenged.
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 alongwith Gram
Panchayat cannot be held jointly and severally liable to
pay the amount.
It 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
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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.”
In view of the above referred judgments, I do not find any
merits in these writ petitions and the same are hereby dismissed.
(VIJAY BISHNOI),J
23-Akash/-
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