Kanwaljit Singh Ahluwalia, J.

Present petition has been filed under Article 226 of the Constitution of India praying that the respondents be directed to pay the petitioner salary in the minimum of the regular pay scale of Class-IV and furthermore services of the petitioner be regularized as Class-IV sweeper.

2. In the present writ petition it is pleaded that petitioner is working as a sweeper since 01.09.1993 in Government Shastri Sanskrit College, Chauth ka Barawa, Distt. Sawai Madhopur and Govt. Senior Upadhaya Sanskrit School, Chauth Ka Barawa, Distt, Sawai Madhopur. It is further pleaded that since 01.09.1993 from 7 am to 12.30 pm petitioner is performing duties at Govt. Senior Upadhaya Sanskrit School, Chauth Ka Barawa, Distt, Sawai Madhopur and after closure of the school, in the same building where college is being run by the respondents and petitioner worked as sweeper till 5.00 pm. Therefore, a grievance has been made in the present petition that respondents are not justified to pay consolidated salary of Rs.75/- per month, to the petitioner.

3. Counsel for the respondents have denied above assertion made by the petitioner by stating that petitioner has only been engaged as a part time worker and for the same he is being paid salary of Rs.75/- per month.

4. Mr. B. K. Sharma, ld. Additional Govt. Counsel, for the respondents, has stated that petitioner is not being paid salary but honorarium.

5. Whether petitioner is a whole time worker or a part time worker, is a matter which requires evidence and thus, status of the petitioner cannot be determined by this Court. Petitioner, if so advised, may raise an industrial dispute and seek award from the Labour Court.

6. However, the respondents have admitted that petitioner for the services rendered is only being paid Rs.75/- per month.

7. Counsel for the petitioner has rightly stated that petitioner is entitled to receive minimum wages prescribed in the State of Rajasthan.

8. It is not denied that Rs.246/- per month as on today is the minimum wage for a single day in the State of Rajasthan. It is also not denied that the part time worker is to be paid half of the minimum wage prescribed for a single day in the State of Rajasthan.

9. The controversy raised in the present writ petition is no longer res integra. This Court in case of Hajrai Lal v. State (Medical & Health Dept.) & Ors., S.B. Civil Writ Petition No.8162/2012 decided on 22.02.2017, has passed the following order:-

"Today, S.B. Civil Misc. Application bearing Inward No.58482/2016 is listed. Counsel for the petitioner prayed that the respondents be directed to pay minimum wages to the petitioner who is working as a part time sweeper with the respondents. Counsel for the parties have jointly prayed that instead of deciding the application, the present writ petition itself be decided. On the joint request made by the counsel for the parties. S.B. Civil Writ Petition No.8162/2012 is taken on Board.

Petitioner was appointed as a part time sweeper on 01.07.1984 by the respondents. His services were terminated on 01.03.1992. Petitioner raised an industrial dispute and the Labour Court, Kota vide award dated 19.12.2003 reinstated the petitioner in the service. Counsel for the respondents submits that since 01.03.1992, petitioner is continuously working as a part time employee with the respondents. In the present petition a grievance has been made that petitioner is being paid Rs.200/- per month. Counsel for the petitioner has urged that petitioner is entitled to receive minimum wages prescribed in the State of Rajasthan. It is contended that Rs.246/- per day is the minimum wages in the State of Rajasthan.

Mr. Sanjay Kumar Sharma, ld. Govt. Counsel, has very fairly contended that a part time employee is entitled to half of the minimum wage prescribed for a day. In view of fair stand taken by the learned Govt. Counsel, present writ petition is allowed and it is ordered that the petitioner shall be paid half of the minimum wage