RATISH BAJAJ Vs. HARBANS LAL BAJAJ

JUDGEMENT

(1.) The Sulabh International Social Service Organization, and the All India Institute of Medical Sciences, New Delhi, by way of the present petitions, are challenging the sustainability of the order dated 25.06.2012 passed by the Regional Labor Commissioner. Since all the petitions have arisen from the common order, therefore, this Court has decided to dispose of all the petitions by this common judgment. The facts of the Writ Petition (Civil) No. 5944/2012 would be discussed inter alia being the lead matter.

(2.) The petitioner Sulabh International Social Service Organization, and respondent No. 3, Director All India Institutes of Medical Sciences, New Delhi, by way of different writ petitions, are challenging the sustainability of the order dated 25.06.2012 passed by the Regional Labor Commissioner. The Regional Labor Commissioner, being the Authority under the Minimum Wages Act, allowed the claim petition that has been filed by the respondent No.2 under Section 20(2) of the Act. The Authority also held that the petitioner and the respondent No.3 both are severally and jointly responsible for the payment of the claim.

(3.) Facts of this case are that the petitioner and respondent No. 3 entered into an agreement for deployment of the respondent No.2 for employment of cleaning and sweeping at the premises of All India Institute of Medical Science, as such respondent No. 2 worked during the period from 25.01.2008 to 31.03.2010. Thereafter, the respondent No. 2 filed a writ petition before this Court for the payment of minimum wages. The same was disposed of by the order dated 17.02.2010, whereby the respondent No. 2 was directed to approach the appropriate Forum. Accordingly, the respondent No. 2 preferred a claim application before the Authority under the Minimum Wages Act; same has been allowed by the impugned order.