Mahaveer v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3808 of 2020 Mahaveer, S/o. Shri Sukhlal, Aged About 20 Years, R/o. Village & P.O. Chungari, Block Bhaiyathan, District Surajpur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, School Education Mantralay, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

2. Director, Directorate Of Public Education, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh.

3. Collector, Surajpur, District Surajpur, Chhattisgarh.

4. District Education Officer, Surahpur, District Surajpur Chhattisgarh.

5. Block Education Officer, Bhaiyathan, District Surajpur Chhattisgarh.

6. Headmaster, Government Primary School, Bandhapara, Chungari, District Surajpur Chhattisgarh.

---- Respondents For Petitioner :

Smt. Meena Shastri, Advocate.

For State/ Respondents :

Ms. Richa Shukla, Dy. Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri

ORDER

08.10.2020 Heard.

1. Learned counsel for the petitioner would submit that the petitioner is working as Part-Time Sweeper at Govt. Primary School Bandhpara, Chungari, Block Bhaiyathan, District Surajpur, which is under the Tribal Development Department.

2. It is contended that the petitioner was appointed by Annexure P-3 and she joined service on 01.11.2019 and till date she has not been paid the salary and the joining of the petitioner would be evident from Annexure P-4. It is

-2further contended that as per Annexure P-5 order passed by the Collector under the Minimum Wages Act, 1948 dated 06.05.2020, the entitlement of the petitioner would be of Rs. 8,860 as minimum wages. The reference is also made to the order passed by this Court in WPS No. 3998 of 2016 dated 23.08.2016 and would submit that the petitioner is also entitled for minimum wages as ordered by the Collector. In view of this the petitioner may be allowed to make a representation which may be considered in accordance with the order passed by the Collector wherein the minimum wages has been fixed and accordingly the wages may be paid along with the arrears.

3. Perused the order passed by the Collector which is annexed with the petition. The documents show that the petitioner is working as Part Time Sweeper at Primary School Bandhpara, Chungari, Block Bhaiyathan, District Surajpur. The document Annexure P-5 would show that the order has been passed by the Collector wherein the minimum wages has been fixed. Therefore, taking into such fact, the petitioner shall be at liberty to make a representation within a period of four weeks from today before Respondent No.4 along with all the relevant documents on the basis of that the petitioner is claiming the minimum wages and arrears of wages as prescribed by the Collector. On such representation being filed, the respondent No. 4 shall decide the same within a period of 4 months from the date of receipt of the representation taking into consideration the minimum wages declared by the Collector from time to time.

4. With the aforesaid observation, the petition stands disposed off. Sd/- (Goutam Bhaduri) Judge Aks