CYFUTURE INDIA PVT . LTD . Vs. RAKESH KUMAR PAL

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the above captioned petitions have been heard together, while treating W.P. (C) 5156/2018 as lead matter, and all these petitions are being disposed of by this common order.

(2.) Impugned order of 17th April, 2018 (Annexure P-16) directs petitioner to pay the excess amount of the minimum wages vis-a-vis the State Government and the Central Government Notification under Minimum Wages Act alongwith levy of compensation, which is two times the excess amount payable. Impugned order takes note of Government of India's Notification on 19th Jan., 2017 which provides for minimum wages, which are higher than the minimum wages fixed by Government of NCT of Delhi, for the period from 19th Jan., 2017 till 2nd March, 2017 and relies upon petitioner's undertaking to pay the minimum wages as per Central Government's Notification of 19th Jan., 2017 for the period from 19th Jan., 2017 till 2nd March, 2017.

(3.) Learned counsel for petitioner assails the impugned order of 17th April, 2018 as well as order of 9th Jan., 2018 passed by the Competent Authority under the Minimum Wages Act, 1948 on the ground that under some confusion, it was undertaken on behalf of petitioner to pay minimum wages to respondents-Workmen as per Central Government's Notification (Annexure P-5). Attention of this Court is drawn to Central Government's Notification of 19th Jan., 2017 (Annexure P-5) to submit that Central Government's Notification would apply only when the minimum wages fixed by the State Government for the employees are lower than the minimum wages fixed by the Central Government and not vice-versa. It is submitted that petitioner is governed by State Government's Notification and minimum wages as per State Government's Notification have been already paid and therefore, impugned order directing payment of the excess amount of minimum wages vis-a-vis Central and State Government Notification along with levy of compensation imposed to respondents-Workmen is unjustified. Hence, quashing impugned order is sought in these petitions.