Financial Constraints Of Rajasthan State Road Transport Corporation No Defence To Deny Workman’s Lawful Weekly Rest Dues: Rajasthan High Court
Safiya Malik
The High Court of Rajasthan Single Bench of Justice Ashok Kumar Jain allowed a petition filed by a retired employee of the Rajasthan State Road Transport Corporation seeking payment of dues for weekly rest that remained unpaid for nearly 13 years. The Court directed the Corporation to release payment for weekly rest dues for the period 1998 to 2011, along with interest as agreed in the earlier settlement, within two months of receiving the order. While hearing the grievance, the Court noted that financial constraints cited by the Corporation could not be a basis to withhold a workman’s legitimate entitlement, observing that any managerial or financial difficulties had no bearing on accrued employee claims.
The petitioner, a retired employee of the Rajasthan State Road Transport Corporation (RSRTC), filed a writ petition seeking implementation of an order dated 12.12.2015 passed by the National Lok Adalat in a pre-litigation case. He sought a direction to the Corporation to make payment of retirement benefits, night allowance, overtime allowance and other terminal benefits. It was submitted that all dues had been paid except payment against weekly rest from 1998 to 2011, as reflected in Annexure-1, a certificate issued by the Manager (Operation), Ajmer Depot.
The respondents relied upon a circular dated 03.11.2021 prioritising payments based on the financial position of the Corporation and referred to earlier writ petitions where the circular had been considered. The record indicated that the petitioner took voluntary retirement on 07.04.2014 and that the dispute was settled in the National Lok Adalat on 12.12.2015, wherein the respondents undertook to reimburse all dues as per rules within nine months along with interest at the rate of 6% per annum.
The Court observed, “It may be due to mismanagement, poor management, or absence of professional management that the RSRTC is forced to face financial difficulties, but same has nothing to do with the right and claim of any workman who has already served in the Corporation, and superannuated before issuance of circular.” It further observed, “If the Government is vigilant about the mismanagement of RSRTC, then it should have first acted to curtain the wings of administrative officers of RSRTC.”
The Court stated, “The drivers, conductors, support and mechanical staff are the backbone of RSRTC, responsible for maintaining public transport system, therefore, merely because roadways is facing a financial difficulty, it may avoid to comply settlement award arrived in present case.” It also recorded, “Any rightful claim of workman cannot be denied on the ground that RSRTC does not have sufficient funds to make payments.”
On the issue of liability, the Court observed, “Having considered the aforesaid, there is no defence as regards to liability of payment against weekly rest from 1998 to 2011 (annexure-1), thus the writ petition is liable to be allowed.”
The Court directed, “the respondents are directed to make payment against weekly rest from 1998 to 2011, as certified on 23.04.2014 (Annexure-1) by the Manager (Operation), Ajmer Depot. The payment shall be made with interest as agreed during the National Lok Adalat on 12.12.2015 within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition along with miscellaneous application(s), if any, stands disposed of.”
Advocates Representing the Parties:
For the Petitioners: Mr. Sunil Samdaria
For the Respondents: Mr. Anubodh Subodh Jain
Case Title: Mohan Singh v. Rajasthan State Road Transport Corporation & Ors.
Neutral Citation: 2026: RJ-JP:5022
Case Number: S.B. Civil Writ Petition No. 12751/2020
Bench: Justice Ashok Kumar Jain
