SUJA ISSAC Vs. DEPUTY LABOUR COMMISSIONER

JUDGEMENT

(1.) The petitioner who is the Proprietrix of Hotel Fort Heritage, Fort Kochi, has filed this Original Petition seeking a writ of certiorari or any other appropriate writ, order or direction to quash Exhibit P1 order passed by the Commissioner for Workmen's Compensation, Ernakulam, the 1st respondent herein, in a claim petition filed by the Assistant Labour Officer, Kochi 2nd Circle, the 2nd respondent herein, under Section 20 of the Minimum Wages Act, 1948 (hereinafter referred to as 'the Act') and for other consequential reliefs.

(2.) The 2nd respondent filed MWA No.31/1999 before the 1st respondent alleging that the petitioner has not paid minimum wages to the employees referred to in the claim petition and that she has to pay arrears of wages amounting to 41,654.55 to those employees, for the period from 3/99 to 8/99. On receipt of notice in the claim petition, the petitioner entered appearance and filed counter stating that, the arrears referred to in the claim petition were paid to the employees by way of cheques dated 31.12.1999 and requested the 1st respondent to dismiss the claim petition. The 2nd respondent filed rejoinder stating that, even though notices were issued to the employees, no reply was received regarding the payment made by the petitioner.

(3.) The claim petitioner was examined as AW1 and Exhibits A1 to A5 were marked on his side. On the side of the management, DWs 1 and 2 were examined and Exhibits B1 and B2 were marked. The employees who were examined as DWs 1 and 2 have stated that they have received arrears of wages by way of cheques dated 31.12.1999 issued by the management. Exhibits D1 and D2 are the receipts for payment of arrears of wages. DWs 1 and 2 have further stated that to their knowledge other employees have also received arrears of wages by way of cheques issued by the management. Though there is discrepancy in the evidence of DWs 1 and 2 regarding the cheques issued by the management and received by the employees, the 1st respondent concluded in Exhibit P1 order that, the employees have received arrears of wages and as such they are not interested in giving evidence against the management. In such circumstances, the claim petition cannot be allowed. But, the 1st respondent directed the management to deposit a compensation amounting to 20,827/- under Section 20(3)(i) of the Act (50% of the arrears of wages for the period from 3/99 to 8/99 amounting to 41,654.55) within 30 days from the date of order, failing which action as envisaged under the Act will be initiated against the management for realisation of the said amount. It was further directed that the compensation amount will be disbursed among the beneficiaries included in the claim petition. It is aggrieved by Exhibit P1 order passed by the 1st respondent, the petitioner is before this Court in this Original Petition, filed under Articles 226 and 227 of the Constitution of India.