[2025:RJ-JP:5674-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 5138/2023 Yaseen Khan S/o Shri Anwar Khan, Aged About 43 Years, R/o Plot No. 546, Barah Mori, Pathan Colony, Jaipur, Working As Daily Wager Multi Tasking Worker At National Institute Of Ayurveda, Madhav Vilas Palace, Amer Road, Jorwar Singh Gate, Jaipur - Group D ----Petitioner Versus National Institute Of Ayurveda, Madhav Vilas Palace, Amer Road, Joravar Singh Gate, Jaipur-302002 Through Its Director. ----Respondent Connected With D.B. Civil Writ Petition No. 5139/2023 Banshidhar Sharma Son Of Shri Hanuman Sahay Sharma, Aged About 40 Years, R/p Village Vimalpura, Post Kanarpura, Via Kaladera, Jaipur, Working As Daily Wager Multi Tasking Worker At National Institute Of Ayurveda, Madhav Vilas Palace, Amer Road, Jorwar Singh Gate, Jaipur - Group D ----Petitioner Versus National Institute Of Ayurveda, Madhav Vilas Palace, Amer Road, Joravar Singh Gate, Jaipur-302002, Through Its Director. ----Respondent For Petitioner(s) : Mr. Dharmendra Jain For Respondent(s) : Mr. Anurag Agarwal with Mr. Satish Pareek HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 10/02/2025 AVNEESH JHINGAN, J (ORAL): 1. These petitions are being decided by common order as the facts involved are similar. For convenience, the facts are being taken from D.B. Civil Writ Petition No.5138/2023. [2025:RJ-JP:5674-DB] (2 of 4) [CW-5138/2023] 2. This petition is filed seeking quashing of order dated 27.05.2022 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short ‘the Tribunal’). 3. The relevant facts are that the petitioner filed an Original Application (O.A.) for quashing of order dated 20.02.2019 whereby, the respondent rejected the representation made by the petitioner. Further prayer was for direction to the respondent to give minimum pay of the pay-scale for the post of Multi Tasking Worker, along with arrears from September, 2016 along with interest. The parties to the lis has drawn long history of litigation, including the order passed by the High Court in S.B.C.W.P. No.14825/2017 and connected matter decided on 15.02.2018 wherein, settlement was arrived at between the parties. The Tribunal dismissed the O.A. on the ground that the petitioner was estopped from raising fresh claim in view of the settlement arrived at between the parties and recorded in the order of this Court dated 15.02.2018. It would be appropriate to quote relevant paras of the order dated 15.02.2018:- “The only dispute is with regard to the payment of minimum wages from October, 2008 to August, 2016. This Court on previous occasion had asked both the learned counsel to have instructions from their client with respect to settling the issue amicably. Learned counsel for the petitioner-employer submits that they are prepared to pay minimum wages to the respondents-employees from the month of October, 2008 to August, 2016 provided the respondent-employees withdraw [2025:RJ-JP:5674-DB] (3 of 4) [CW-5138/2023] their application filed before Payment of Wages Authority and as such payment is being made to them should be treated as final settlement against payment of minimum wages to the respondent-employees. Counsel submits that the penalty and interest which is being claimed by the employees-respondents will also not be admissible to them, in view of the offer made to the employees. Counsel further submits that the amount which is already paid @ Rs. 32/- per day as daily wager to the employee is required to be deducted/adjusted from the payment which will become due to the respondents- employees on account of granting them minimum wages. Learned counsel for the respondent-employees, Mr. Dharmendra Jain, on instructions submits that if payment of minimum wages is made to the employees from October, 2008 to August, 2016, no claim will be made in respect of the minimum wages due from initial date of appointment till the reinstatement. The present writ petitions are disposed of in the terms of settlement arrived between the parties and it is directed that the proceedings filed by the employees-respondents for claiming minimum wages before the Payment of Wages Authority will be withdrawn immediately. The employer-petitioner is directed to pay arrears on account of revision of wages of the employees by paying them the minimum wages w.e.f. October, 2008 to August, 2016, after adjusting the amount already paid to them. [2025:RJ-JP:5674-DB] (4 of 4) [CW-5138/2023] It is made clear that the amount which is already paid for the period 2006-08 even along with interest and penalty, will not be required to be refunded/adjusted. The required payment will be made to the employee concerned within a period of six weeks. The present writ petition stands disposed of in the terms of above settlement arrived between the parties.” 4. From perusal of the order, it is evident that the settlement was with regard to payment of minimum wages for the period from October, 2008 to August, 2016. The claim made before the Tribunal was from September, 2016 onwards and this period was not subject matter of the writ petition. The Tribunal erred in holding that the petitioner is estopped from raising fresh claim. 5. Consequently, the impugned order is set aside and the matter is remitted back to the Tribunal to decide the O.A. afresh. 6. The writ petitions are accordingly allowed. (PRAMIL KUMAR MATHUR),J (AVNEESH JHINGAN),J Simple Kumawat /158-159 Reportable: No