Rajasthan High Court: The Bench of Arun Bhansali, J., allowed the writ petition filed in regard to payment of minimum wages as prescribed for skilled workman under the provisions of the Minimum Wages Act, 1948.
The facts of the case were that the petitioners were employed as Pump Driver/Operator under Janata Jal Yojana, promulgated by Government of Rajasthan to provide drinking water to the citizens. They sought directions to the respondents to make payment of minimum wages as prescribed for skilled workman under the provisions of the Minimum Wages Act, 1948. They also prayed that the respondents should be directed to release 50% of the minimum wages withheld w.e.f. February 2013. Pawan Singh Rathore, counsel appearing for the petitioners, submitted that the controversy involved in the writ petition was covered by a decision of this Court rendered in Jagdish Singh v. State of Rajasthan, S.B. Civil Writ Petition No. 5954/17, which was allowed with the directions that the petitioners who were employed under Gramin Janta Jal Yojana as Pump Driver/Pump Operator should be entitled to the wages as prescribed for skilled workman by the State of Rajasthan as per the provisions of Minimum Wages Act, 1948. It also directed that the amount of 50% of the minimum wages payable to the petitioners withheld by the respondents should be released forthwith. It was made clear in this case that these directions would apply only to the cases where the scheme in question was floated and implemented and not in any other case. If the scheme Gramin Janta Jal Yojana was 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 petitioners was employed in other scheme or otherwise, he would be at liberty to approach the authority under the Minimum Wages Act for adjudication of the dispute.
The Court upheld the decision given in Jagdish Singh case and allowed the writ petition. [Rupendra Singh v. State of Rajasthan, 2019 SCC OnLine Raj 491, decided on 15-05-2019]