Rajasthan High Court - Jaipur
Ghanshyam Bairag And Ors vs State (Social Welfare )Ors on 1 March, 2012
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. CIVIL WRIT PETITION NO.6868/2011 (Ghanshyam Bairagi & Ors. Vs. State of Rajasthan & Ors.) Date of Order : 01st March, 2012 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.K.C.Sharma, for the petitioners. Mr.G.N. Mishra, Dy.G.C. By the Court :
The matter has come up on an application for grant of minimum of the pay scale. However, with the consent of learned counsel for both the parties, the matter is heard finally.
Learned counsel for petitioners submits that petitioners are entitled for revised minimum wages as per Circular of the Government dated 22.12.2010. A direction is also required to b e given that petitioners may not be engaged through placement agency. Third prayer of petitioners is to consider them for regularization in the light of the Notification dated 27.02.2009.
Learned counsel for respondents submits that if minimum wages has been revised, then case of the petitioners would be considered for grant of minimum wages, as revised. So far as engagement of petitioners through placement agency is concerned, it may be not interfered by accepting the prayer. On the issue of regularization, learned counsel for respondents submits it is would be considered in the light of the Notification dated 27.02.2009.
I have considered the submissions made by learned counsel for the parties and perused the record.
So far as first issue is concerned, petitioners are claiming minimum wages pursuant to Circular dated 22.12.2010. Accordingly, the first issue is decided with the direction to the respondents to consider the case of petitioners in the light of Circular referred to above. The petitioners may be given minimum wages as provided therein, if they are in service.
So far as second issue is concerned, I do not find any justification in action of the respondents to engage any person through placement agency. Involvement of placement agency is nothing but wastage of public money as they have to give charges for nothing, as the respondents remain principal employer. In the aforesaid background, if respondents remain in need of contractual employee, they are expected to consider the aforesaid aspect without involving placement agency for the aforesaid purpose.
So far as third issue regarding regularization is concerned, the respondents are directed to consider the case of petitioners in the light of the Notification dated 27.02.2009.
With the aforesaid, the writ petition so as the stay application stand disposed off.
This disposes of the application also.
(M.N. BHANDARI),J.
S/No.70 Preety, Jr.P.A. All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Preety Asopa Jr.P.A.