MOHANDAS Vs. AUTHORITY UNDER THE MINIMUM

JUDGEMENT

(1.) The petitioner is a Transport company operating transport service in the State of Tamil Nadu. The second respondent, who is the notified Inspector under the Minimum Wages Act, 1948 has found that the workmen were not receiving minimum wages in terms of the notification issued by the State Government in G.O.Ms.No.47, Labour Employment dated 01.08.2003 and filed a complaint before the first respondent, who is the authority constituted under Section 20 of the Minimum Wages Act, 1948 for the unpaid minimum wages for the period from 01.10.2004 to 31.03.2005. They also demanded the unpaid minimum wages together with penalty that could be levied in terms of Section 20(3)(i) of the Minimum Wages Act, 1948. The first respondent registered the said application as Minimum Wage Application No.51 of 2005 and issued notice to the petitioner/Management.

(2.) The petitioner/Management filed a counter statement dated 30.09.2005. In the counter statement, the contention raised by the petitioner was that the workmen are paid more than Rupees six thousand (Rs.6,000/-) per month, which was above the minimum wages fixed by the State Government by way of various allowances and apart from the Motor Transport, they are also having other establishments. Therefore, the employees, for whom the minimum wages application filed are only entitled to get amounts as per the notification issued under Shops and Establishment Act, 1947 and not entitled for the minimum wages notification issued in terms of the Motor Transport establishment.

(3.) The authority, after examining the documents filed by the Deputy Inspector of Labour, viz., R2, which was marked as Exhibits P.1 to P.7 found that the management had not paid the actual minimum wages. Therefore, he worked out the unpaid wages in respect of the 44 employees as Rs.3,25,872/- for the period from 01.10.2004 to 31.03.2005. The authority also in exercise of its power levied penalty of 10 times of unpaid wages, which amount worked out to Rs.32,58,720/-. The authority directed that since it is in the nature of penalty, it should be credited to the Tamil Nadu Labour Welfare Fund Board vide order dated 06.09.2006.