LAWS(DLH)-2006-8-12

DELHI COUNCIL FOR CHILD WELFARE Vs. SHEELA DEVI

Decided On August 28, 2006
DELHI COUNCIL FOR CHILD WELFARE Appellant
V/S
SHEELA DEVI Respondents

JUDGEMENT

(1.) These appeals are directed against the impugned judgment dated 3.1.2003 passed by the learned Single Judge in C.W.(P) No.3654 of 1999 and C.W.(P) No.3675 of 1999. By the said impugned judgment, the learned Single Judge dismissed the said writ petitions filed by the appellant herein and affirmed the order dated 2.12.1998 passed by the competent authority under the Minimum Wages Act, 1948('Act') holding that the appellant herein was bound to pay minimum wages to two of its workers namely Smt.Ramesh Kumari (Respondent No.1 in L.P.A.No. 909 of 2003) and Smt. Sheela Devi (Respondent No.1 in L.P.A.No. 657 of 2004).

(2.) The question arising in these appeals, and which arose before the learned Single Judge, is whether the appellant Delhi Council for Child Welfare is covered by the provisions of the Act and is accordingly under an obligation to pay minimum wages to its workmen.

(3.) The admitted facts are that both Smt. Ramesh Kumari and Smt. Sheela Devi are Balsevikas employed by the appellant. Smt. Ramesh Kumari was being paid Rs 680/- per month from 1.4.1993 onwards as against her entitlement for minimum wages which was Rs 1176/- per month for the period 1.4.1993 to 31.7.1993 and Rs 1217/- per month from 1.8.1993 onwards. Smt. Sheela Devi was receiving wages at Rs 700/- per month between January and March 1994 and Rs 825/- per month for the period between April 1994 to June 1994 whereas for this entire period she was entitled to minimum wages of Rs 1830/- per month. Some time in 1994, two separate applications were filed by the said Balsevikas before the competent authority under Section 20(2) of the Act.