WARDEN CUM PRINCIPAL Vs. DY COMMR OF LABOUR

JUDGEMENT

(1.) Aggrieved by the order of the Deputy Commissioner of Labour (Authority under the Minimum Wages Act, 1948), dated May 24, 1994, in M.W.No.70 of 1993, granting minimum rates of wages to the applicants 1 to 43 respondents 2 to 44 herein, as fixed by the Government in G.O. (2D) No.43 dated October 7, 1991, the Warden-cum-Principal, Students' Hostel, Government Engineering College, Salem has filed the above writ petition.

(2.) According, to the petitioner, the Government Engineering College, Salem is an institution run by the Government of Tamil Nadu. The curriculum imparted by the petitioner college to the students of that college is in accordance with the instructions of the University of Madras and for all other administrative purposes, the petitioner college follows the various circulars, notifications and instructions issued by the Director of Technical Education, Government of Tamil Nadu, Madras-25. Hostel facilities areprovided to the students studying in the college and a Mess also functions to cater to the needs of the students. The Mess is not a profit making organisation and it is run on dividing basis. The mess is run by the elected representatives of the students. The Principal and staff members appointed by the Principal are only care takers of the hostel Mess. Even this team would be changing every year. While such is the position, the employees working in the Mess, numbering 43, filed an application before the Authority appointed under the Minimum Wages Act, 1948, the first respondent herein, seeking direction under Section 20(3) of the Minimum Wages Act for payment of difference between the wages paid to the applicants and the wages they are entitled under notifications issued under the Minimum Wages Act dated October 7, 1991 and June 12, 1990. It was the case of the petitioner Hostel before the first respondent that the Mess is excluded under the Tamil Nadu Catering Establishments Act and that the petitioner establishment is exempted under the Minimum Wages Act. Though the first respondent has accepted the contention that the Mess is one exempted under the Catering Establishments Act, but, however, proceeded to hold that the Mess would fall under the definition 'Hotel' as found in the NEW WEBSTER'S DICTIONARY. Consequently, the respondent held that the employees are entitled for the difference in wages amounting to Rs. 80,384.20 and ordered payment of the said amount. Against the aforesaid order of the first respondent, the hostel has filed the present writ petition.

(3.) Heard the learned counsel for the petitioner as well as respondents 2 to 44.