{ 1 } S.B. CIVIL WRIT PETITION NO. 1073/2008. SARPANCH GRAM PANCHAYAT, CHOHATAN VS. STATE OF RAJASTHAN & OTHERS DATE OF ORDER : 19.09.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Hemant Choudhary for the petitioner. Mr. Alkesh Agarwal } Mr. A.K. Rajvanshy } for the respondents. To challenge the order dated 29.03.2007 passed by the authority prescribed under the Minimum Wages Act, Balotra, this petition for writ is preferred. The contention of the learned counsel for the petitioner is that the authority under the Minimum Wages Act erroneously held the petitioner Gram Panchayat guilty for making payment of wages to the workmen less than the prescribed minimum wages. It is asserted that the workmen were continuously working with Gram Panchayat even after abolition of octroi under instructions of the Government of Rajasthan and their wages were also not enhanced in view of the instructions given by the Government of Rajasthan. I do not find any force in the arguments so advanced. It is not in dispute that the workmen in question { 2 } were in employment of petitioner Gram Pranchayat and the Gram Panchayat was under obligation to make payment to its employees as prescribed by the appropriate government while exercising powers under Minimum Wages Act. The Gram Panchayat may have acted under the instructions of the Government of Rajasthan by continuing its employees in service despite abolition of octroi system, however in no manner that absolves it from the liability to make payment to its employees as per the prescribed minimum rates of wages. It is also pertinent to note that the Vikas Adhikari of Panchayat Samiti Chohtan in quite unambiguous term accepted before the prescribed authority under the Minimum Wages Act, Balotra that the Gram Panchayat is a local body and it was within the knowledge of the Vikas Adhikari that minimum wages have been revised and prescribed by the Government under notification dated 20.07.2004. Despite of it, the payment of wages to the workmen less to the prescribed rates is bad, thus, the same is rightly dealt with by the prescribed authority. The order impugned, therefore, in no manner suffers from any error that may warrant interference of this Court under Article 226 and 227 of the Constitution of India. The petition for writ, therefore, is dismissed. (GOVIND MATHUR)J. { 3 } Anil/