LAWS(KER)-2017-7-155

CAVALIER DETECTIVE SECURITY SERVICES Vs. BHARATH SANCHAR NIGAM LIMITED (BSNL) REPRESENTED BY ITS PRINCIPAL GENERAL MANAGER

Decided On July 07, 2017
Cavalier Detective Security Services Appellant
V/S
Bharath Sanchar Nigam Limited (Bsnl) Represented By Its Principal General Manager Respondents

JUDGEMENT

(1.) Cavalier Detective Security Services, the appellant-proprietary concern, runs a security agency, contractually employing ex-service men in establishments like the respondent-Bharat Sanchar Nigam Ltd., (BSNL) on their request. Here, Cavalier entered into Ext.P1 contract to employ security guards in BSNL, initially for one year, later extended for a few more years, beginning from2010.

(2.) While the ex-service men supplied by Cavalier were with BSNL, the Central Government revised the minimum wages with effect from 01.10.2010. But Cavalier did not pay the differential amount to the workmen employed by it. As a result, the Inspector under the Minimum Wages Act, the Enforcing Authority, noticed the Cavalier's lapses and issued the Ext.P3 notice, dated 21.03.2011.

(3.) Cavalier, it seems, pleaded ignorance about the minimumwage revision and, eventually, paid the differential wages on 30.09.2011. It also paid to the workmen the overtime wages on 01.03.2012, 02.03.2012, and other dates. But the Labour Enforcement Officer initiated proceedings under Section 20 of the Minimum Wages Act.