CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT Vs. CHIKKANARASIMHAMURTHY

JUDGEMENT

(1.) THE lis brought before court lies in a narrow compass. Petitioners claim to have financed the hostels run by the State, by engaging the services of Cooks for preparing food in the hostels. According to the petitioners a Warden appointed by the State is required to look into the engagement of persons for the aforesaid purpose and report, on a monthly basis, the total amount of wages to be paid to employees so engaged, at the rate of minimum wages fixed by the State Govt. in terms of the Notification dt. 11.12.2001. The lis brought before court is that before the Authority under the Minimum Wages Act, invoking subsection (2) of Section 20 of the Minimum Wages Act, 1948 filed a claim applications of even date 17.8.2011 in respect of respondents 1 to 26 and 27 to 33, separately claiming difference of wages for the period from 1.4.2006 to 31.3.2011. In that proceeding petitioners opposed the claim by filing statement of objections denying the claim. The 1st respondent filed an affidavit dt. 15.2.2011 and thereafterwards the 34th respondent - Labour Officer, by order dt. 20.10.2012, impugned, directed petitioners to pay Rs. 28,62,224/ - to respondents 1 to 33.

(2.) IT is the case of the petitioners that 1st respondent did not place records relating to the appointment and wages paid every month in respect of the respondents for the period 1.4.2006 to 31.3.2011. Learned counsel hastens to add that except for the 1st respondent's statement on oath, there was nothing worth the while to establish the relationship of employer and employee between the parties or the fact of short payment of minimum wages during the period of alleged employment. Learned counsel submits that it is the Warden who was required to place relevant material such as the acquittance register or other such documents to establish the jural relationship between the parties.

(3.) LEARNED Govt. Advocate representing the 34th respondent -Labour Officer submits that material necessary for decision making was required to be placed by the employees or the Wardens appointed by the State to every Hostel, who had special knowledge of engaging the services of Cooks, Asst.Cooks and House keepers in the Hostel which evidence is not forthcoming from the records.