S CHERAN Vs. REGIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order of the first respondent, dated 31.10.2005, made in No.M.C.A.213 of 2005, allowing the claim application filed by the applicant, under the payment of the Minimum Wages Act, 1948. The petitioner company, namely, Boss Infrastructures private limited, Chennai, had been directed to deposit the claim amount of Rs.48,890 and an amount of Rs.1,46,670, which is claim amount before the Assistant Labour Commissioner, (Central) Chennai, within the period specified in the order, dated 31.10.2005.

(2.) THE learned counsel appearing for the petitioners had submitted that the impugned order of the first respondent, dated 31.10.2005, is arbitrary and illegal, as it is contrary to the provisions of the Minimum Wages Act, 1948. THE imposition of penalty of two times the claim amount cannot be sustained in the eye of law. In spite of the fact that proper records had been maintained, the first respondent had not considered the same, before passing the impugned order, dated 31.10.2005.

(3.) PER contra, the learned counsels appearing for the respondents had submitted that the writ petition filed by the petitioners is devoid of merits. They had further submitted that the impugned order of the first respondent, dated 31.10.2005, is correct and proper. It cannot be said that the findings of the first respondent in the impugned order, dated 31.10.2005, is ilegal and unsustainable in the eye of law. There is no evidence shown on behalf of the petitioners that the minimum wages had been paid to the employees, as claimed by them. The petitioners had produced the fabricated documents to substantiate their claims. As such, there is no infirmity in the impugned order of the first respondent, dated 31.10.2005.