UTTARANCHAL JAL SANSTHAN Vs. ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the Lower Court record.

(2.) It appears by the perusal of the pleadings of the parties as narrated in writ petition and in the counter-affidavit, that the wages were being paid as per Government Notification, which was issued in exercise of power of the State Government under section 4(1) of the Minimum Wages Act, 1948 and the Government revised the wages from time to time. Therefore, by the impugned order, the direction was given by the Additional Labour Commissioner to pay the minimum pay-scale, as was being paid to the other regular Pump Operators. Learned Additional Commissioner, on the basis of wages given in the application, calculated the amount and directed to pay the amount mentioned in the claim application dated 19.12.2005 without giving any reason and without verifying the fact, as to whether, he is entitled for getting the same amount or not and without hearing Jal Sansthan.

(3.) In the light of the discussions made in foregoing paragraphs, I am of the considered view that the findings recorded by the learned Additional Labour Commissioner are erroneous as no reason has been assigned and the same are liable to be set aside.