POLY PLAST PVT LTD Vs. SHIV PRASAD

JUDGEMENT

(1.) By this writ petition the petitioner has challenged the order dated 18.4.2002 passed by the claim authority under the Minimum Wages Act, 1948 ( for short the Act ) whereby the claim authority directed that the difference between the minimum wages amounting to Rs.2544/- along with ten times compensation of Rs.25,440/- be paid to the applicant Shiv Prasad Yadav within 30 days.

(2.) The brief facts are that claimant Shiv Prasad Yadav filed an application before the claim authority under section 20 of the Act that since September 1999 to February 2000 he was being paid Rs.424/- less than the minimum wages applicable to him. He was working as machine man but he was being paid Rs.2348/- while the minimum wages for machine man as per notification were Rs.2772/-. The management had been taking work of machine man from him but paying minimum wages of a helper to him. When he requested the management to pay him minimum wages of a machine man, management threatened to throw him out of service. He made a complaint in this regard to the Labour Department. Labour Inspector visited the site and found him working as machine man on the machine. Despite directions of the Labour Inspector to pay him wages of a machine man, minimum wages of a machine man were not paid to him. He, therefore, requested for minimum wages along with interest and costs.

(3.) A notice of the application of Workman was sent to the petitioner. The order sheets of the proceeding placed on record by the petitioner show that despite notice petitioner or its Authorized Representative did not appear before the authority on 21.9.2000. The claim authority on that day fixed the case for 5.12.2000 for ex parte proceedings. On 5.12.2000 Workman was present and management/ petitioner was again not present and a notice for proceeding ex parte was directed to be sent to petitioner. Claim Authority fixed the case for 8.3.2001 for taking evidence of workman by affidavit. Petitioner's A.R appeared before the claim authority on 8.3.2001. Claimant/Workman filed his affidavit and the case was fixed on 21.5.2001. On 21.5.2001 an application for setting aside ex parte order was made by the petitioner's representative which was allowed subject to costs of Rs.500/- and with a condition that on next date of hearing the petitioner shall appear in person at 11 a.m along with the written statement. The case was adjourned to 27.9.2001. On 27.9.2001 petitioner was not present. Authorized representative of the petitioner prayed for adjournment. Claim authority fixed 2.11.2001 as last opportunity for filing written statement and appearance of the petitioner. On 2.11.2001 while claimant was present, petitioner and his representative were absent and the case was again proceeded ex parte against the petitioner and the next date was fixed 31.1.2002. On 31.1.2002 the claimant was present. Authorised representative of petitioner was present and authorised representative made an application for setting aside ex parte order, the claim authority reserved the order. On 18.4.2002 an order was passed by the claim authority on the claim petition and on 18.12.2002 claim authority passed an order on the ex parte application of the petitioner.