PROPRIETOR MURUGAN TRANSPORTS CUDDALORE Vs. P RATHAKRISHNAN

JUDGEMENT

(1.) THE employer of Murugan Transports, Cuddalore, has filed this petition challenging the order of the Authority appointed under Section 20 (2) of the Minimum Wages Act (Central Act XI of 1948) directing payment of Rs. 693 and Rs. 422 respectively to respondents 1 and 2 who were employed in the transport service conducted by the former. Rathakrishnan and Chinnathambi were taken from July 1954 and November 1955 as cleaner and learner apprentices by the employer. Their services were terminated in July 1957. On 19-7-1958, respondents 1 and 2 along with one other employee applied to the authority appointed under Section 20 (2) of the Minimum Wages Art for payment of certain sums of money as representing the difference between the minimum wages payable under the notification of the Government contained in G. O. Ms. 1247 (Industries, Labour and Co-operation) dated 30-3-1957, and the actual wages paid to them.

(2.) THE employer contested the claim on three grounds, namely, (1) that a petition under Section 20 (2) of the Minimum Wages Act could not be entertained by the authority at the instance of a discharged employee (2) that the claim was barred by limitation and (3) that the claim was excessive. Overruling the objections the authority appointed under the Minimum Wages Act allowed the claim of respondents 1 and 2 for the sums mentioned above and directed the employer to pay the same. The validity of that order is questioned in this petition on the identical grounds that were taken before the authority.

(3.) SECTION 20 (2) enables an employee to apply to the authority appointed under Sub-section 1 for a direction as to payment to the employee of the amount by which the minimum wages fixed under the Act exceeded the amount actually paid. The term "employee" is defined in Section 2 (i)