[2025:RJ-JP:27134] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8320/2007 Bachchu Singh S/o Shri Devilal, Resident of Anta Ka Pura, Post Pipron Tehsil Baseri, District Dholpur. ----Petitioner/Workman Versus 1. Executive Engineer, Irrigation Division, Dholpur. 2. Assistant Engineer, Irrigation, Sub Division, Bari, Dholpur. 3. Payment of Wages Authority, Dholpur. 4. District Judge, Dholpur. ----Respondents For Petitioner(s) : Mr. Rajveer Singh For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishan Sharma HON'BLE MR. JUSTICE SUDESH BANSAL Order 21/07/2025 1. Heard counsel for both parties and perused the material available on record. 2. Under challenge is the final judgment dated 23.07.2007 passed by the District Judge, Dholpur in Civil Misc. Appeal No. 01/2005, setting aside the order dated 13.09.2004 passed ex parte by the Authority under Payment of Wages Act in Application No. P.W.A. 02/2004 titled Bacchu Singh Vs. Executive Engineer, Irrigation Division, Dholpur. 3. It appears that petitioner filed an application for Payment of Wages under the Payment of Wages Act, 1936, which was allowed ex parte vide order dated 13.09.2004. Prior to passing of the order, petitioner has already availed the jurisdiction of Labour [2025:RJ-JP:27134] (2 of 2) [CW-8320/2007] Court, Bharatpur by filing LCR No. 1034/1999 wherein vide award dated 27.06.2001, the Labour Court, Bharatpur directed reinstatement of petitioner-workman w.e.f. 01.01.1991 and held him entitled for the award w.e.f. 27.06.2001. For the previous period, no wages were allowed. 4. Since wages to petitioner has already been awarded vide award dated 27.06.2001 passed by the Labour Court, Bharatpur, hence, ex parte order dated 13.09.2004 passed under Payment of Wages Act, 1936, has been quashed in Appeal by the District Judge, vide impugned judgment dated 23.07.2007. Simultaneously, the District Judge has observed that petitioner would be at liberty to execute the award dated 27.06.2001 and to recover wages accordingly. 5. Since award dated 27.06.2001 passed by the Labour Court, has been kept alive whereunder petitioner was directed to be reinstated as well as entitled for the wages w.e.f. 27.06.2001, no jurisdictional error has been committed by the District Judge by quashing the order dated 13.09.2004, passed under Payment of Wages Act, 1936. 6. In view of above, the impugned judgment does not warrant any interference in exercise of powers under Article 226 of the Constitution of India, hence, instant writ petition is hereby dismissed. 7. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /37