The court established that the State and Gram Panchayats can be jointly liable for minimum wages under the Minimum Wages Act, reinforcing employee rights.

ORDER

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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 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