CHITRADURGA DISTRICT MAZDOOR SANGH Vs. MYSORE KIRLOSKAR LIMITED YANTRAPUR HARHIAR CHITRADURGA DISTRICT

JUDGEMENT

(1.) AGGRIEVED by the orders passed by the authority under the Minimum wages Act, 1948 (hereinafter referred to as 'the Act'), respondent 4 filed petitions in this Court praying for setting aside the orders produced with the petitions as Annexures-A and B on the ground that as its establishment of providing security personnel to various organisations was not included in the schedule of employment nor any specific notification was issued in that behalf, the impugned orders were without jurisdiction. The writ petitions were allowed, holding that the workmen of respondent 4 were not entitled to the grant of minimum wages. However, taking into account the facts and circumstances of the case, the learned single Judge directed the payment of a total sum of Rs. 1,00,000/- to be paid as ex gratia to the workmen by the Principal employer. The afore said amount was directed to be paid within four weeks, which on receipt by the authority under the Act was to be disbursed equally to the beneficiaries.

(2.) NOT satisfied with the order of the learned Single Judge, the appellant-Sangh representing the workmen has filed these appeals contending that the learned Single Judge was not justified in holding the non-applicability of the Act to the undertaking of respondent 4 when employed for rendering security services to respondent 1-the principal employer.

(3.) IT is submitted that Engineering Industry carried on by respondent 1 has employed the security personnel through the contractor-respondent 4 for the purposes of its establishment. The Engineering Industry is stated to have already been notified under the Act. The resppndent 1 being the principal employer, cast a duty upon its contractor to pay the minimum wages with respect to the schedule employment. It is further submitted that the terms of contract entered into between the engineering industry of respondent 1 and Detective Agency of respondent 4 also had stipulated for payment of minimum wages.