AMCON CONSTRUCTION Vs. LABOUR ENFORCEMENT OFFICER

JUDGEMENT

(1.) The present writ petition filed by the management assails the order dated 28.03.2011 passed by the Competent Authority under the Minimum Wages Act, 1948 ('the MW Act') whereunder the petitioner has been directed to pay the differential amount between the minimum wages and the actual wages paid to five of its employees totalling of Rs.5035/- along with compensation equivalent to 10 times of the said amount. The petitioner also assails the order dated 29.02.2016 whereunder its review petition seeking recall of the order dated 28.03.2011 directing it to pay the aforesaid sum of Rs.55,385/- has been rejected.

(2.) Learned counsel for the petitioner submits that although it is the petitioner's case that the Competent Authority had wrongly proceeded ex parte against it and that, in fact, no amount was payable to any of the workmen, but he has instructions to press the writ petition only qua the quantum of compensation awarded under the impugned order. He submits that even if the Competent Authority had come to the conclusion that there was a shortfall of Rs.5035/- in the wages paid to its employees by the petitioner, there was no justification for awarding them compensation equivalent to 10 times of the said differential amount.

(3.) On the other hand, learned counsel for the respondents, while supporting the impugned orders, submits that since the petitioner did not comply with the statutory requirement to pay minimum wages, the Competent Authority could not be faulted for awarding the respondents compensation in accordance with the MW Act. She, therefore, prays that the writ petition be dismissed.