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2023 Supreme(Raj) 440

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN BHANSALI, RAJENDRA PRAKASH SONI, JJ.
State Of Rajasthan – Appellant
Versus
Duda Ram S/o Joga Ram – Respondent
D.B. Spl. Appl. Writ No. 1038 of 2022
Decided on : 25-05-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Pankaj Sharma, AAG assisted by Mr. Rishi Soni
For the Respondent: Mr. Surendra Bagmalani

Headnote:

Minimum Wages Act, 1948 - Section 20 - Limitation Act, 1963 - Section 5 - Compensation - Rules of limitation - Appeals arise out of judgment passed by learned Single Judge whereby writ petitions filed by appellant-State against orders Authority - respondents - Employees approached Authority alleging payment less than minimum wages by Assistant for services rendered by them while working - Held, Award of compensation extent of one time equal to amount of excess apparently is minimum compensation which Authority could have awarded compensation awarded does not require any interference - Order was passed for making payment of difference between minimum wages and actual amount paid apparently award of compensation to extent of one time equal to amount of excess in under no circumstance can be said to be arbitrary on part of Authority - Appeal dismissed.

ORDER :

1. These appeals arise out of judgment dated 03.12.2021 passed by learned Single Judge, whereby the writ petitions filed by the appellant-State against the orders dated 25.02.2014/27.05.2016 passed by the Authority under the Minimum Wages Act (‘the Authority’), have been dismissed.

2. The respondents – employees approached the Authority alleging payment less than the minimum wages by the Assistant Engineer, PHED, Pachpadra Balotra, District Barmer, Rajasthan for the services rendered by them while working under the employment and direction of various Panchayat Samitis in relation to the tube-wells, repairing of the pipelines and maintaining water supply at the villages.

3. Allegations were made that they were being paid Rs.500/-per month instead of Rs.73/-per day as the minimum wages and, therefore, they were entitled to the payment of difference in the amount paid and minimum wages along with compensation ten times the amount of difference.

4. The plea was contested by the appellant -State on various grounds. The Authority, after appreciating the evidence led by the parties, came to the conclusion that the payment, less than the minimum wages, was not justified and consequently awarded the difference between the amount paid and the minimum wages along with compensation equal to the amount of difference.

5. The State filed writ petitions challenging the orders dated 25.02.2014/27.05.2016 passed by the Authority. It was inter-alia claimed that the responsibility, if any, of making payment was that of various Gram Panchayat/s and not of the State and that the order passed by the Authority ordering for payment of compensation in the circumstances of the case was not justified.

6. Learned Single Judge after hearing the parties, came to the conclusion that the issue raised by the State in the writ petition was squarely covered by decision rendered by the Hon’ble Supreme Court in Superintending Engineer, PHED, Sikar & Ors. Vs. Prahlad Rai & Ors. (Civil Appeal No.11355/2013) decided on 21.09.2016 and judgment of this Court in Jagdish Singh Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.5954/2017) decided on 13.07.2017 as upheld by the Division Bench in D.B. Special Appeal (Writ) No.247/2013 – State of Rajasthan & Ors. Vs. Nemi Chand & Ors. decided on 24.08.2017 and came to the conclusion that as the issue raised was squarely covered by the said judgments, there was no merit in the writ petitions and after reproducing the order passed by the Hon’ble Supreme Court, dismissed the writ petitions.

7. Learned counsel for the State made submissions that the rejection of the writ petitions filed by the State, by learned Single Judge in the circumstances of the case is not justified, inasmuch as, the plea raised by the appellants-petitioners, regarding inapplicability of the judgment in the case of Prahlad Rai (supra) was not considered.

8. Further submissions have been made that during pendency of the writ petitions, the amount of difference, as ordered by the authority, has already been paid to the respondents-workmen. However, the issue pertaining to award of compensation is still pending. It was submitted that the award of compensation in the present case was not justified and that the authority has not recorded any reasons for awarding the compensation and, therefore, the award of compensation deserves to be set aside.

9. Learned counsel for the respondents-employees made submissions that the issue raised in the present appeals is squarely covered by the order in the case of Prahlad Rai (supra), as the only plea raised by the State was regarding its liability to make the payment of minimum wages, as the State tried to shift the liability on various Gram Panchayats, which aspect was exhaustively dealt with by Hon’ble Supreme Court in relation to another Scheme i.e. the Gramin Janta Jal Yojana, which was squarely applicable to the present case.

10. Further submissions have been made that under the provisions of Section 20(3)(i) o

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