RAMJAS COLLEGE Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This application filed by the respondent No. 2 seeks modification of the order dated 20th July, 2000 passed in CM No. 10160/99. The order dated 20th July, 2000 was passed in an application filed by the applicant/respondent No. 2, workman under Section17B of the INDUSTRIAL DISPUTES ACT, 1947 (hereinafter referred to as the 'Act'), directing the respondent No.2 to be given the last drawn wages from the date of the application i.e. September, 1999. Thereafter the position of law in respect of the amount payable under Section 17B of the Act was laid down by the Division Bench of this Court in LPA No. 84/2002 titled Delhi Development Authority vs. Smt. Omvanti & Others, in December 2002, reported as 2003 VI AD (DELHI) 205, wherein it was held that the claimant/applicant under Section 17B of the Act, was entitled to be paid last wages drawn or minimum wages whichever was higher. The learned counsel for respondent No. 2/applicant has informed this Court that this order of the Division Bench was challenged before the Hon'ble Supreme Court leading to the dismissal of the SLP by the Hon'ble Supreme Court. In view of the position of law laid down by the Division Bench in the above judgment dated 19th December, 2002 in DDA's case (supra), which judgment has been survived a challenge before the Hon'ble Supreme Court, there can be no dispute, and indeed there was none as to the amount payable under Section 17B of the Act is wages last drawn or the minimum wages whichever is higher.

(2.) However, the main plea of the learned counsel for the petitioner, Mr. S.K. Luthra, is that the MINIMUM WAGES ACT, 1948 is not applicable to the University of Delhi or its affiliated Colleges such as the petitioner and accordingly inspite of the above order of the Division Bench in DDA's case (supra), minimum wages were not payable as sought in the present application.

(3.) The learned counsel for the respondent No. 2/applicant Shri Sanjoy Ghose has, however, relied on the following paragraphs of the judgment of the Hon'ble Supreme Court in Regional Authority, Dena Bank & Anr. vs. Ghanshyam, JT 2001 (Suppl. 1) SCC 229:-