RAJIV K. KATARIA Vs. AJAY

JUDGEMENT

(1.) Challenge in this writ petition under Article 226 and 227 of the Constitution of India is to the ex-parte order dated 23.04.2014 passed by the authority under Minimum Wages Act, 1948 in a petition bearing No.MW/SD/564/2013/7677 filed by the respondent-workman whereby the petitioner was directed to pay a sum of Rs.22,812/- towards arrear of minimum wages alongwith compensation to the tune of 10 times amounting to Rs.2,28,120/-.

(2.) The respondent had filed a claim under Section 20 of the Minimum Wages Act before the designated authority under the Minimum Wages Act alleging that he was working with the petitioner on the post of Mechanic since 01.04.2004 at last drawn wages of Rs.6000/- per month and was paid less than the minimum wages of Rs.9,802/- for the period 01.01.2013 to 30.11.2013 and claimed Rs.41,822/- towards arrear. The respondent (petitioner herein) was proceeded ex-parte. The petitioner (respondent herein) filed affidavit alongwith salary sheets for the month of November, 2012 and December, 2013. Thereupon the designated authority passed the impugned order which is subject matter of challenge in this writ petition.

(3.) Notice of the petition was sent to the respondent. As per the report, respondent was served personally by the petitioner during the execution proceedings. Despite this, he failed to appear.