SARPANCH LONAND GRAMPANCHAYAT Vs. RAMGIRI GOSAVI

JUDGEMENT

(1.) On March 19, 1963 respondent No. 1 on behalf of 36 employees of the Lonand Grampanchayat applied to the Authority appointed under S. 20 (1) of the Minimum Wages Act 1948 for a direction upon the Grampanchayat to pay to the employees overtime wages and damages. A number of employees claimed overtime wages from October 23, 1960 for a period of two years two months and nine days. One employee claimed wages for a period of seven years and nine months, one claimed wages for six years and ten months and another claimed wages for three years. By an order dated September 18, 1963 the Authority held that the application should be entertained in respect of the claims for the period subsequent to January 1, 1961 as the employees had sufficient cause for not making the application within the prescribed period of six months. A petition challenging this order under Art. 227 of the Constitution was summarily dismissed by the Bombay High Court. From the order of the High Court, the present appeal has been filed by special leave.

(2.) An application for a direction on the employer to pay minimum wages and other amounts payable under the Minimum Wages Act may be made under S. 20 (2) of the Act to the Authority appointed under S. 20 (1) . The first proviso to S. 20 (2) requires that

(3.) The Authority has a discretion to condone the delay in presenting the application provided sufficient cause for the entire delay is shown to its satisfaction. This discretion like other judicial discretion must be exercised with vigilance and circumspection according to justice, common sense, and sound judgment. The discretion is to know through law what is just, see Keighley's case, ((supra) .