A S CHANDRAPRAKASH Vs. LABOUR OFFICER

JUDGEMENT

(1.) Petitioner-employer, issued with a notice to appear before the 1st respondent Labour Officer, Minimum Wages Authority in a proceeding under section 20[2] of the Minimum Wages Act, 1948 [for short Act ], when not available at the postal address, the postal authorities placed the intimation in the post box assigned to the petitioner, at Chikmagalur, which was not opened by the petitioner since away at Mumbai and on return on 29.5.2012, having opened the post box though noticed the intimation, nevertheless awaited further notice from the Minimum Wages Authority. According to the petitioner, on receipt of a copy of the order dated 26.9.2012, acknowledged on 10.1.2013, filed an application under Order IX Rule 13 CPC to set aside the order placing him ex parte and to extend an opportunity of hearing, which when, rejected by endorsement dated 22.2.2013 Annexure-C, has presented this petition.

(2.) The Minimum Wages Act, 1948, beyond cavil of doubt, is promulgated with the laudable object of fixing minimum rates of wages in certain employments, and a procedure to adjudicate upon disputes over alleged contravention of the Act, as well as penalties. The specific remedy to recover minimum wages when such wages are not paid or short paid to any employee is governed by section 20 of the Act. The issues arising there from involve disputed questions of fact requiring an investigation.

(3.) Sub-section [2] of Section 20 enables an employee to file an application for determination of the minimum wages unpaid or short paid by the employer, while sub-section [3] invests a jurisdiction in the Authority to hear the parties, extend reasonable opportunity of hearing and hold such further inquiry as may be necessary. Even in the absence of the employer, after due service of notice of hearing and no resistance to the claim of the employee, the Authority is required to consider the material on record placed by the workman as well as the evidence both oral and documentary, so placed, and pass an order. The Authority is required to discharge the statutory duty of adjudication of the dispute brought before it, if the employer does not choose to appear and oppose the claim.