IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5016/95 Vikas Adhikari & Anr. vs. Prabhu Lal & Ors. Date of order : 21/7/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri L.N. Boss, Deputy Government Counsel for the petitioner. Smt. Sanju Saini on behalf of Smt. Kamla Jain for the respondents. ******
State has come up in a writ petition in a matter where it is required by the competent authority to pay to the respondent-workman a sum of Rs.9,306/- as the unpaid wages. The order was passed because the respondents was being paid only a paltry sum of Rs.75/- per month whereas another employee in his status was being paid Rs.921/- per month. The Payment of Wages Authority was, on the basis of evidence that was led before it, satisfied that the workman was working for the normal duration of the office hours and that treating him as a part time employee and paying Rs.75/- was not legal and justified and on that note, the application was allowed. The matter was thereafter been scrutinised by the learned Additional District Judge also in appeal filed by the Development Officer, Panchayat, Chheepa Badod.
After hearing the arguments of the learned counsel for the parties, I have gone through both the orders. Mere fact that the matter was decided ex-parte against the petitioner before the competent authority would not justify its remand especially when the total amount that is required to be paid is Rs.9,306/- and the order was passed as far back on 5.9.1990. Even otherwise, I do not find any infirmity in either of the two orders.
The writ petition is dismissed.
(MOHAMMAD RAFIQ), J.
RS/